IN THE CASE OF:	  

		BOARD DATE:	  29 October 2015

		DOCKET NUMBER:  AR20150003580 


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 Form 214 (Certificate of Release or Discharge from Active Duty) to show her name as Amber H ____ vice Anthony H_____. 

2.  The applicant states she is a transgender female.  She changed her legal name from Anthony H____ to Amber H____ in 2013 to align her name with her gender 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:

* Order Granting Change of Name and Gender of Adult, filed on                 17 October 2013
* birth certificate showing her name as Amber H_____
* statement from the applicant's therapist
* statement from the doctor who assisted the applicant in her gender transition
* photocopies of her passport, driver's license, and social security card 





CONSIDERATION OF EVIDENCE:

1.  After enlisted service in the Army National Guard (ARNG) and the United States Marine Corps, the applicant was appointed as a second lieutenant in the ARNG on 20 October 2005.  

2.  She was ordered to active duty for the Officer Basic Course on 23 August 2006.  She was released from active duty on 14 December 2006.  She completed 3 months and 22 days of net active service this period.  Block 1 (Name (Last, First, Middle)) of the DD Form 214 issued at that time shows her name as "H____, A_____."  

3.  On 14 May 2007, she was ordered to active duty in support of Operation Iraqi Freedom.  She was released from active duty on 2 June 2008.  She completed    1 year and 19 days of net active service this period.   Block 1 of the DD Form 214 issued at that time shows her name as "H____, A_____."  

4.  She was ordered to active duty on 26 September 2010 in support of Operation New Dawn.  She was released from active duty on 24 November 2011.  She completed 1 year, 1 month and 29 days of net active service this period.  Block 1 of the DD Form 214 issued at that time shows her name as "H____, A_____."  

5.  On 25 July 2013, she was discharged from the ARNG.

6.  On 17 October 2013, she obtained a court order issued by the District Court of Dallas County, TX changing her name to "Amber H_____."  

7.  The State of California, Department of Health, issued the applicant a Certificate of Live Birth that shows her name as "Amber H___" and gender as female.  The date of birth (DOB) listed on her Certificate of Live Birth matches the DOB listed on her DD Forms 214.

8.  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 REFRAD, 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, 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 her DD Form 214 should be corrected to conform to a name change that was court ordered after she completed her 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 warrant 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 new DD Forms 214 for the periods ending                    14 December 2006, 2 June 2008, and 24 November 2011 with the name shown on her Order Granting Change of Name and Gender of Adult, issued by the District Court of Dallas County, TX.

5.  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.  This proposed relief is limited to the               DD Forms 214 in question and does not extend to any other documents in her military records.

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 DD Forms 214 for the periods ending 14 December 2006, 2 June 2008, and 24 November 2011 with the name shown on her Order Granting Change of Name and Gender of Adult, issued by the District Court of Dallas County, TX.  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.



      _______ _   __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)                                         AR20150003580





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ABCMR Record of Proceedings (cont)                                         AR20150003580



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