IN THE CASE OF:
BOARD DATE: 12 February 2015
DOCKET NUMBER: AR20140009895
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 her DD Form 214 (Certificate or Release or Discharge from Active Duty) to conform to a court-ordered name change.
2. The applicant states her DD Form 214 currently reflects her birth name, which has not been used in any form since 2010. Her legal name and gender were changed since her DD Form 214 was issued.
3. The applicant provides:
* her DD Form 214
* an extract of her Application for Change of Name for an Adult, filed with the Superior Court of Arizona in Yuma County on 11 June 2013
* an extract of her Order Changing Name of an Adult, filed with the Superior Court of Arizona in Yuma County on 13 June 2013
* copies of her Arizona driver license and social security card
* a copy of her U.S. Office of Personnel Management (OPM) Standard Form 50 (Notification of Personnel Action), dated 17 July 2011
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 10 September 1999. Her enlistment contract identifies her gender at the time of her enlistment as "male."
2. She served honorably until her release from active duty on 9 September 2001. Block 1 (Name (Last, First, Middle)) of her DD Form 214 shows her name as "Woods, N______ C______."
3. On 13 June 2013, she obtained a court order changing her name to S______ G______ N______ Woods."
4. On 27 June 2013, the State of Arizona issued a driver license under her current name. Her driver license identifies her gender as "female." The date of birth (DOB) listed on her driver license matches the DOB listed on her DD Form 214 for the period ending 9 September 2001.
5. On 2 May 2014, the Social Security Administration issued her a new social security card under her current name. The social security number (SSN) listed on her social security card matches the SSN listed on her DD Form 214 for the period ending 9 September 2001.
6. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214. It states:
a. The DD Form 214 is a summary of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of REFRAD, retirement, or discharge.
b. For block 1, compare with the original enlistment contract or appointment order and review the official record for possible name changes. If a name change has occurred, list other names of record in block 18 (Remarks).
c. For block 18, in part, when a DD Form 214 is administratively issued or reissued, enter DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON (date). However, do not make this entry if the appellate authority; Executive Order; or Headquarters, Department of the Army, directs otherwise.
d. At the direction of the Army Board for Correction of Military Records (ABCMR) or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army, Army Review Boards Agency, is authorized to issue or reissue DD Forms 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances, including when it is determined that the original DD Form 214 cannot be properly corrected by issuing a DD Form 215 (Correction to DD Form 214).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her DD Form 214 should be corrected to conform to a court-ordered name change that was ordered after she completed her contracted military service.
2. The ABCMR has, in the past, 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.
3. This is still true; however, the applicant's unique circumstances as a transgender individual warrant further consideration, since denying her request could prevent or delay her receipt of benefits for which she must provide a DD Form 214 as proof of military service.
4. Considering the unique circumstances of transgender personnel, it would be appropriate to issue her a new DD Form 214 for the period ending 9 September 2001 with the name shown on her Order Changing Name of an Adult, issued by the Superior Court of Arizona in Yuma County on 13 June 2013.
5. No entries should be made in block 18 of the reissued DD Form 214 listing her 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 her previous gender. This proposed relief is limited to the DD Form 214 in question and does not extend to any other documents in her 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 9 September 2001 with the name in block 1 entered as the name shown on the applicants Order Changing Name of an Adult, issued by the Superior Court of Arizona in Yuma County on 13 June 2013. No entries should be made in block 18 of the reissued DD Form 214 listing her 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) AR20140013787
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ABCMR Record of Proceedings (cont) AR20140009895
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