IN THE CASE OF:	  

		BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140013711 


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 (Report of Separation from Active Duty) with an effective date of 25 January 1974 to conform to a court-ordered name change.  She also requests two Air Medals be added to her 
DD Form 214.

2.  The applicant states she had her name legally changed in 1991.  She has tried several times to have it changed on her DD Form 214.

3.  The applicant provides:

* DD Form 214
* marriage certificate
* court order changing her name
* Department of Veterans Affairs (VA) identification card
* California driver's license
* social security card 

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.  On 26 January 1971, the applicant enlisted in the Regular Army.  The applicant's military records show she served under the name
J____ W____ M____.

3.  The applicant served in the Republic of Vietnam from 26 July 1971 to 8 April 1972.  She participated in three campaigns.  She was assigned to the:

* 101st Aviation Battalion from 2 September - 26 December 1971
* 229th Aviation Battalion from 29 December 1971 - 5 April 1972

4.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 1240, dated 14 April 1972, awarded the applicant the second and third award of the Air Medal.

5.  On 25 January 1974, the applicant was released from active duty (REFRAD). She completed 3 years of active service that was characterized as honorable.  
Block 1 (Last Name - First Name - Middle name) of her DD Form 214 shows her name as "M____, J____ W____."  Her DD Form 214 shows she was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with 1 bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by her chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  Her records do not contain any adverse information and she received conduct and efficiency ratings of “excellent” throughout her service.

7.  On 31 August 1991, she was married to R____ A____ J____.  The marriage certificate shows her name as J____ M____ M_____.

8.  On 6 December 1991, the Superior Court of the State of California for the County of Los Angeles changed her name from J____ W____ M____ to J____ M____ M____.

9.  She provided the following documents reflecting her name as J____ M____ J____ (her married name):

* VA identification card
* California driver's license
* social security card showing the same social security number shown on her DD Form 214

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.

	a.  The 101st Aviation Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March - 9 October 1971.  

	b.  The 229th Aviation Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 - June 1972.

	c.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

11.  Army Regulation 600-8-22 (Military Awards) states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  

12.  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 Soldier’s 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.  On direction of the 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 issuance of a DD Form 215 (Correction to DD Form 214).  
  
13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940.  The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  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, there are unique circumstances of transgender individuals and these circumstances may prevent or delay receipt of benefits for which these individuals must provide a DD Form 214 as proof of military service.  

2.  Considering the unique circumstances of transgender personnel, it would be appropriate to issue her a new DD Form 214 for the period ending 25 January 1974 with the name shown on her VA Identification Card entered in block 1.  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 the applicant's military records.  

3.  Based on Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 1240, dated 14 April 1972, add the Air Medal with numeral 3 to her DD Form 214.

4.  The applicant's records do not show indiscipline or lost time, she received conduct and efficiency ratings of "excellent" throughout her military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 26 January 1971 to 25 January 1974.

5.  Based on her service in the Republic of Vietnam she is entitled to three campaign stars to be worn on her Vietnam Service Medal and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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:

	a.  Reissuing a DD Form 214 for the period ending 25 January 1974 with the name in block 1 entered as the name shown on the VA Identification Card.  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.

	b.  Awarding the applicant the Army Good Conduct Medal (1st award) for service from 26 January 1971 - 25 January 1974.

	c.  List the following awards on the reissued DD Form 214 for the period ending 25 January 1974:  

* Bronze Star Medal 
* Air Medal with numeral 3
* Army Good Conduct Medal (1st award)
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards)
* Republic of Vietnam Campaign Medal with Device (1960) 




      _____________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)                                         AR20140013711



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140013711



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1