BOARD DATE: 11 August 2015
DOCKET NUMBER: AR20150000428
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as C__n A____ M____ instead of C__l A____ M____. He further requests correction of his records to change his gender from female to male.
2. He states he believes his military records should be changed to accurately reflect his true identity and to avoid discrimination.
3. He provides:
* Petition for Change of Name Order, 13th Judicial District Court, State of New Mexico, dated 8 December 1999
* Social Security Number Printout
* Consular Report of Birth Abroad, dated 3 March 2003
* New Mexico driver's license, issued 5 September 2014
* U.S. Passport, issued 3 April 2013
CONSIDERATION OF EVIDENCE:
1. A review of the applicant's military records shows:
* at the time of enlistment, the applicant was female
* the applicant served in the Regular Army from 8 July 1980 to 14 August 1981
* every document in the applicant's military records that required a name or gender entry shows the applicant's name as C__l A____ M____ and the applicant's gender as female
2. The applicant provided a court order that granted a name change. Additionally, his birth certificate, state driver's license, passport, and social security number have been changed to reflect his new name and gender.
3. Army Regulation 635-8 (Separation Processing and Documents) 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 (Name), 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, 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. By direction of the Army Board for Corrections 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 issuance of a DD Form 215 (Correction to DD Form 214).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 and other military records should be changed to accurately reflect his true identity and to avoid discrimination.
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. Unfortunately, the unique circumstances of transgender individuals may delay or even prevent receipt of benefits for which they 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 a new DD Form 214 for the period ending 14 August 1981 with the name shown on his Certificate of Birth as issued on 3 March 2003. No entries should be made in block 18 of the reissued DD Form 214 listing his previous name or indicating 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.
4. The applicant's DD Form 214 does not show gender and, again, this correction does not extend to any other document in the applicant's 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 the evidence presented is 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 14 August 1981 with the name entered as shown on the applicant's Consular Report of Birth Abroad, dated 3 March 2003. No entries should be made in block 18 of the reissued DD Form 214 listing his previous name or indicating the DD Form 214 was administratively reissued.
2. The Board further determined the evidence presented is 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 any document other than the applicant's DD Form 214.
___________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.
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