IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150001914
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 the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 November 2014 to conform to a court-ordered name change.
2. The applicant states, in effect, she obtained a court order reflecting her current legal name and female gender. Her DD Form 214 reflects a male name and gender.
3. The applicant provides copies of the 2014 DD Form 214 and court-order.
CONSIDERATION OF EVIDENCE:
1. The applicant's service records show she enlisted in the Regular Army on 21 June 2001. Her DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) and all allied documents show she enlisted with the name of "Nicholas A. Exxxxx."
2. She was honorably released from active duty on 2 November 2014. Block 1 (Name (Last, First, Middle) of her DD Form 214 shows her name as "Nicholas A. Exxxxx."
3. She provided a copy of a court order, dated 5 January 2015, changing her name from "Nicholas A." to "Nicole M." and changing her gender to "female."
4. 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 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 Army Board of Correction of Military Records (ABCMR) or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (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).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the RA with the name of Nicholas A. Exxxxx and this is the name listed on the applicant's DD Form 214 for the period ending 2 November 2014.
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 a new DD Form 214 for the period ending 11 November 2014 with the name shown on her 5 January 2015 court order granting her name change. 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.
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 Department of the Army records of the individual concerned be corrected by reissuing the DD Form 214 for the period ending 2 November 2014 with the name in block 1 entered as the name shown on the applicants Court Order Granting Name Change. 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.
__________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) AR20150001914
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ABCMR Record of Proceedings (cont) AR20150001914
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