IN THE CASE OF:  	  

		BOARD DATE:  8 September 2015	  

		DOCKET NUMBER:  AR20140021494 


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 military records to reflect her new name and gender.  She specifically requests to be issued a new DD Form 214 (Certificate or Release or Discharge from Active Duty) that accurately reflects who she is.

2.  The applicant states that in a recent case involving the American Civil Liberties Union, the Army agreed to change the name and gender on discharge documents belonging to transgender persons.  The applicant is a transgender female and respectfully requests that all of her documents reflect her correct name and gender, which have been legally changed.  Her Defense Enrollment Eligibility Reporting System (DEERS) record and military retiree identification card reflect the correct information, but they do not match the information on her DD Form 214.  This has caused her problems when getting a State identification card with a veteran designation.

3.  Furthermore, the DD Form 214 determines veterans' eligibility for benefits and legal protections tied to military service.  Veterans need this document to engage in a wide variety of activities in public life, including securing a home loan, taking the bar exam, or applying for a job with an employer that gives veterans preference in hiring.  Transgender veterans not only risk the denial of these many benefits because of inconsistencies on the DD Form 214, but also face invasive questions every time this document is presented.



4.  The applicant provides a:

* Court Order
* Court Decree
* Certificate of Live Birth

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve Delayed Entry Program on 13 April 1987 and the Regular Army on 20 May 1987.  Her enlistment contract identifies her gender at the time of her enlistment as "male" and her name as "J____ C_______ S____."

2.  She served honorably until retirement on 31 July 2000.  Block 1 (Name (Last, First, Middle)) of her DD Form 214 shows her name as "S____, J____ C_______."  

3.  On 13 March 2014, she obtained a court order and decree issued by the Court of Common Pleas of Allegheny County, PA changing her name to "J____ S____."  

4.  The Government of the District of Columbia, Department of Health, issued the applicant a Certificate of Live Birth that shows her name as "J____ S____" and gender as female.  The date of birth (DOB) listed on her driver license matches the DOB listed on her DD Form 214.

5.  The applicant's record contains a memorandum rendered by Chief, Soldier Programs Branch, U.S. Army Human Resources Command, Fort Knox, KY on 26 June 2014 wherein he asked the Defense Finance and Accounting Service to correct the retired pay records of the applicant to reflect gender as female.  The Chief also noted the applicant's DEERS record had been corrected to show gender as female, but retired records also needed to be corrected so the retired pay record does not overwrite the correction in DEERS.

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 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 release from active duty, 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 warrants 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 31 July 2000 with the name shown on her court order and decree, issued by the Court of Common Pleas of Allegheny County, PA on 13 March 2014.





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:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 31 July 2000 with the name in block 1 entered as the name shown on the applicant's court order and decree, issued by the Court of Common Pleas of Allegheny County, PA on 13 March 2014.  No entries should be made in block 18 of the reissued DD Form 214 listing her previous name or indicating the DD Form 214 was administratively reissued.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending every document in the applicant's record to show her new name.  



      ____________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)                                         AR20140021494



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021494



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1