BOARD DATE:	  22 January 2015

		DOCKET NUMBER:  AR20140009798 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by changing the gender from female to male, and to show the name as Mxxxxxx Kxx (no change in last name).

2.  The applicant states he is now a male, has legally changed his name, and would like the DD Form 214 to reflect the current status.

3.  The applicant provides:

* court decree changing name
* photo copy of driver's license and passport
* photo copy of social security card
* DD Form 214
* Orders
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* Personnel Qualification Record - Part II

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Available records show the applicant enlisted in the U.S. Army Reserve (USAR), on 10 October 1985, in the rank/grade of private first class/E-3.  After completing initial training, the applicant was awarded military occupational specialty 88M (shown at the time as 64C) (Motor Transport Operator).  The highest rank/grade attained was specialist/E-4.

3.  The applicant's DD Form 1966 (Application for Enlistment - Armed Forces of the United States) shows the applicant's name as Kxxxxxxx Ann [last name] and the sex shown is female.  The applicant's records thereafter consistently show the same name and gender as reflected on the applicant's DD Form 1966.

4.  The applicant’s DD Form 214, with the period ending 28 February 1986, shows the same name and gender as indicated on the DD Form 1966.  

5.  Orders 87-12, issued by Headquarters, 96th U.S. Army Reserve Command, dated 10 November 1988, show the applicant was assigned to the USAR Control Group based upon completion of contractual obligation.  The effective is shown as 10 October 1988.

6.  Orders D-10-384901, issued by the U.S. Army Reserve Personnel Center on 19 October 1993, shows the applicant was honorably discharged from the USAR effective 19 October 1993.

7.  The applicant provides the following:

	a.  A State of Colorado Court Final Decree for Name Change, dated 25 January 2012, showing the applicant's name was legally changed to Mxxxxxx Kxx (no change to last name).

	b.  A photocopy page showing the applicant's Colorado driver's license and U.S. Passport, both showing the applicant's name as to Mxxxxxx Kxx (no change to last name), and gender as male.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows, upon enlistment on 10 October 1985, the applicant's first and middle name were listed as Kxxxxxxx Axx and the gender shown was female.  This name and gender are consistent with every document in the applicant's service records.

2.  In the past the ABCMR has denied similar applications on the basis that the DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created.  The underlying reasoning has been that a post-service name change does not retroactively create an error on the
DD Form 214.  This is still true; however, the unique circumstances of transgender individuals may prevent or delay receipt of benefits for which these individuals must provide a DD Form 214 as proof of military service.   

3.  Considering the unique circumstances of transgender personnel, it would be appropriate to issue the applicant a new DD Form 214 for the period ending period ending 28 February 1986 with the name shown on his 25 January 2012 Court Order Granting the Change of Name.  No entries should be made in block 18 (Remarks) of the reissued DD Form 214 listing his previous name or indicating that the DD Form 214 was administratively reissued.  Doing so would undermine the purpose of granting relief by drawing attention to the applicant's previous gender.  This proposed relief is limited to the DD Form 214 in question and does not extend to any other documents in the applicant's military records. 

BOARD VOTE:

___X_____  __X______  _X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by reissuing a DD Form 214 for the period ending 28 February 1986 with the name in block 1 entered as the name shown on the applicant’s Court Order Granting the Change of Name.  No entries should be made in block 18 of the reissued DD Form 214 listing the applicant's previous name or indicating that the DD Form 214 was administratively reissued.



      _______ _ X  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140009798



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ABCMR Record of Proceedings (cont)                                         AR20140009798



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