BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140016496
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the change to his first and middle name.
2. The applicant states that his name and gender have been legally changed and he desires his DD Form 214 to reflect his new first and middle names.
3. The applicant provides a copy of his DD Form 214, two third-party affidavits, letters from two physicians, and a court order granting a name change.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army as a female on 21 January 2010. She completed her training as an aviations operations specialist and was transferred to Germany. She deployed to Kosovo and Afghanistan.
2. On 30 June 2013, she was honorably released from active duty (REFRAD) due to completion of required service. Her DD Form 214 issued at the time of her REFRAD shows her first and middle name as J------a I---s. She had served 3 years, 5 months, and 10 days of net active service this period.
3. The two statements from physicians provided by the applicant confirm that the applicant has undergone a gender change and qualifies to be legally considered as a male.
4. On 10 September 2013, a judge signed a court order in the Civil Court of the City of New York changing the applicants first and middle name to J---e I---h.
5. 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. 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).
DISCUSSION AND CONCLUSIONS:
1. 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 and how those 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 the applicant a new DD Form 214 for the period ending 30 June 2013 with the name shown on the court order that legally changed his first and middle name entered in block 1. No entries should be made in block 18 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 his 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 all Department of the Army records of the individual concerned be corrected by issuing the applicant a new DD Form 214 for the period ending 30 June 2013 with the name shown on the court order that legally changed his first and middle name entered in block 1. No entries should be made in block 18 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 his 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.
_________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) AR20140016496
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ABCMR Record of Proceedings (cont) AR20140016496
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