IN THE CASE OF:
BOARD DATE: 20 October 2015
DOCKET NUMBER: AR20150003551
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) to show her name as Cameron D. ____ vice Bernard D. ___.
2. The applicant states she is a transgender woman. She changed her name legally from Bernard to Cameron in 2006. She has a court order that aligns her name with her identity. The appearance of her old name on her DD Form 214 is an injustice because it reveals her transgender status every time she shows her DD Form 214. The injustice is due to the social stigma and discrimination that transgender people face.
3. The applicant provides a State driver license and a court decree changing her name.
CONSIDERATION OF EVIDENCE:
1. In connection with her enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) and listed her name as Bernard D. ____.
2. She enlisted in the Regular Army (RA) on 11 October 1968 under the name of Bernard D. ____. Her record contains numerous documents that all show her name as Bernard D. ____. Her record contains a few medical and legal documents that show her gender as male.
3. She was honorably released from active duty on 10 August 1971 and she was transferred to the U.S. Army Reserve Control Group to complete her remaining service obligation.
4. Item 1 (Last Name, First Name, Middle Name) of her DD Form 214 shows her name listed as Bernard D. ____.
5. The applicant provides
* a court order, dated 24 February 2006, changing her name from Bernard D. ____ to Cameron D. ____ and her gender from male to female
* a State driver license, issued on 19 January 2011, listing her name as Cameron D. ____
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 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 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 upon enlistment in the RA, the applicant's name was listed as Bernard D. ___ and this is the name listed on the applicant's DD Form 214 for the period ending 10 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 a new DD Form 214 for the period ending 10 August 1971 with the name shown on her 24 February 2006 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 the Department of the Army records of the individual concerned be corrected by reissuing the DD Form 214 for the period ending 10 August 1971 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 Forms 214 were 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.
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