IN THE CASE OF:  	  

		BOARD DATE:  30 July 2015	  

		DOCKET NUMBER:  AR20140021645 


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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) and other identifying documents to show her:

* name as K____a J___e O___n vice K_____h E____e O___n II 
* gender as male vice female 

2.  The applicant states her court ordered name change occurred in August 2011 and her gender change surgery occurred in August 2013.  The disagreement between her current legal name and gender from that on her DD Forms 214 and other identifying documents can cause denial of claims of veteran and spouse.  In November 2014, the Board approved such a request.  

3.  The applicant provides:

* two DD Forms 214
* court order
* physician's statement
* Medicare Health Insurance card, dated 1 January 2012
* certificate of birth, issued on 8 November 2013
* United States of America (USA) passport, issued on 17 September 2013 
* United States Uniformed Services Identification (ID) Card
* a letter, dated 12 November 2014
* a memorandum, dated 12 November 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 13 April 1967 under the name of K_____h E____e O___n II.  She was honorably released from active duty on 26 September 1968 for immediate reenlistment.  Block 1 (Last Name, First Name, Middle Name) of the DD Form 214 she was issued for this period of service shows her name as O___n, K_____h E____e II.

2.  On 27 September 1968, she reenlisted in the RA.  She was honorably released from active duty on 18 August 1971 and was transferred to the U.S. Army Reserve.  Block 1 of the DD Form 214 she was issued for this period of service shows her name as O___n, K_____h E____e III (i.e. II).

3.  Her record contains numerous documents that all show her name as K_____h E____e O___n II.  Her record contains a few medical and legal documents that show her gender as male.  The DD Form 214 does not show a service member's gender.  

4.  The applicant provides

* a court order, dated 15 August 2011, changing her name from K_____h E____e O___n II to K____a J___e O___n
* a letter, dated 16 August 2013, wherein a physician stated the applicant underwent gender reassignment surgery on 8 August 2013 and presents as a full-time female
* a certificate of birth, USA passport, Medicare Health Insurance card, and a United States Uniformed Services ID Card that all show her name as K____a J___e O___n

5.  The applicant also provides a redacted memorandum, dated 12 November 2014, wherein the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (ARBA), stated, in part:

	a.  The applicant requested correction of her DD Form 214 [and other documents in her official military personnel file (OMPF)] to conform to a court-ordered name/gender change.  After a military career as a male, she obtained a court-ordered name change and underwent all medical and surgical procedures necessary to transition from male to female.




	b.  The Army Board for Correction of Military Records (ABCMR) analyst recommended granting relief, arguing the applicant's counsel had provided a compelling description of the unique circumstances of transgender individuals and how a DD Form 214 bearing a former name associated with a different gender may prevent or delay receipt of benefits earned through military service.  However, the Board had unanimously recommended denying relief on the basis the evidence did not demonstrate the existence of a probable error or injustice warranting correction of the applicant's record.  

	c.  After considering the Board's reason for dissent, the DASA (RB) agreed that the counsel's argument supported the applicant's request.  Therefore, the DASA (RB) granted relief and directed the applicant be issued a new DD Form 214 reflecting her new name.

6.  A review of the case in question, AR20140013293, shows the analyst determined that based on the unique circumstances of transgender personnel, it would be appropriate to issue her a new DD Form 214 with the name shown on her United States Uniformed Services ID Card.  The recommended relief was limited to the DD Form 214 in question and did not extend to any other documents in the applicant's military records (emphasis added).  

7.  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.  On direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the DASA (RB), ARBA, 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).  

8.  A former service member's (FSM) record is composed of documents that reflect a service member's data as it was at the time the form was produced and are used as a management tool to assist officials processing a service member's assignment/reassignment, promotions, and career progression during their active duty service.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows upon the applicant's enlistment and reenlistment in the RA, the applicant's name was listed as K_____h E____e O___n II and this is the name listed on the applicant's DD Forms 214 for the periods ending 26 September 1968 and 18 August 1971.  

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 new DD Forms 214 for the periods ending 26 September 1968 and 18 August 1971 with the name shown on her 15 August 2011 court order granting her name change.  No entries should be made in block 18 of the reissued DD Forms 214 listing her previous name or indicating that the DD Forms 214 were administratively reissued.  Doing so would undermine the purpose of granting relief by drawing attention to her previous gender.  

4.  With respect to the correction of other identifying documents, the ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation.  Since documents in a FSM's record are not normally accessible by individuals other than the FSM, there is no basis for granting any relief that extends beyond her DD Forms 214.





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 all Department of the Army records of the individual concerned be corrected by reissuing the DD Forms 214 for the periods ending 26 September 1968 and 18 August 1971 with the name in block 1 entered as the name shown on the applicant’s Court Order Granting Name Change.  No entries should be made in block 18 of the reissued DD Forms 214 listing her previous name or indicating that the DD Forms 214 were 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 the correction of other identifying documents.  



      __________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)                                         AR20140021645



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021645



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1