IN THE CASE OF:  	  

		BOARD DATE:  15 October 2015	  

		DOCKET NUMBER:  AR20150003992 


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 Kimberly Dxx Pxxxon vice Kevin Dxxx Pxxxan. 

2.  The applicant states she is a transgender woman.  She changed her name legally from Kevin Dxxx Pxxxan to Kimberly Dxx Pxxxon in 2013.  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:

* court decree changing her name, shown as having been filed on 13 November 2013
* birth certificate showing her name at birth was Kevin Dxxx Pxxxan
* statement from the applicant's therapist
* statement from the doctor who assisted the applicant in her gender transition
* a court decree showing the applicant's gender change
* photocopies of the applicant's passport, driver's license, and social security card 


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show, after having had prior enlisted and commissioned service in the Oregon and Nevada Army National Guard, she was appointed as a commissioned officer in the Alaska Army National Guard (AKARNG) on 16 April 2007 in the rank of lieutenant colonel (LTC).  She executed her oath of office on that same date.  Her name was shown as Kevin Dxx Pxxxan.

2.  The applicant was retired on 31 December 2012 and was placed on the Retired List on 1 January 2013.  Her DD Form 214 shows she completed over 20 years of net active creditable service.  The narrative reason for retirement, as amended by a DD Form 215 (Correction to DD Form 214), shows early retirement from service.  Her name is shown as Kevin Dxx Pxxxan. 

3.  Her record contains a few medical and legal documents that show her gender as male.  Also in her record are two relevant documents:

* court decree changing her name and filed on 13 November 2013 (also provided by the applicant)
* DD Form 1343 (Notification of Change in Service Member's Official Records), dated 14 August 2014, stating her name was changed to Kimberly Dxx Pxxxon

4.  Her official military personnel file shows her name as Kimberly Dxx Pxxxon.

5.  The applicant provides:

	a.  Court documents verifying she has legally changed her name and gender.

	b.  Official documents, in the form of a passport and driver's license, which show she has changed her name and gender to match what was ordered by the court.  Additionally, her social security card shows her name as Kimberly Dxx Pxxxon.

	c.  Letters from her therapist and medical doctor which confirm she has transitioned from a male to a female.

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 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 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's name was consistently listed as Kevin Dxx Pxxxan.  Additionally, this is the name listed on the applicant's DD Form 214 for the period ending 31 December 2012.

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 31 December 2012 with the name shown on her 13 November 2013 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 all Department of the Army records of the individual concerned be corrected by reissuing the DD Form 214 for the period ending 31 December 2012 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 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)                                         AR20150003992





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ABCMR Record of Proceedings (cont)                                         AR20150003992



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