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DD-214 Can this be changed? (for the military folks)

Started by Renae.Lupini, May 27, 2007, 11:55:30 PM

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Renae.Lupini

{drumroll}
I am speaking for the Marine Corps, and the answer is no. According the IRAM, after a Marine separates from service no amendments can made to the DD214. I have my official refusal letter if anyone would like me to post it some time.

I going to take a stab at it and say that most of the other branches will be the same way.
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Hazumu

When you separate from active service, they do a Department of Defense form #214 (DD214) to summarize all the stuff you did up until that point.  I collected quite a few because going from one status to another, even though I remained on active duty, generated a new DD 214 at each juncture.  Only the last and most recent counts, though, as it's supposed to capture all the stuff you did.

This might be something worth lobbying for.  I think we can change the way government does their job faster than we can change the thinking of trans-phobic bigots.  And that's really why we need ENDA and the hate crimes bill, to REALLY level the societal playing field against the humongus home-team advantage the bigots currently wield against us.

Changing the DD214 would be great, as currently it give the Bigots an "OH-HO!" look into our past which should not be any of their business.  Really, if it didn't matter to them, it wouldn't matter to me.  But it does and it does.

Karen
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SusanK

Quote from: Renae Lupini on May 27, 2007, 11:55:30 PM
{drumroll}
I am speaking for the Marine Corps, and the answer is no. According the IRAM, after a Marine separates from service no amendments can made to the DD214. I have my official refusal letter if anyone would like me to post it some time. I going to take a stab at it and say that most of the other branches will be the same way.

It's likely a Defense Department regulation effecting all veterans. For us who have served, it will be the "Huh?" in our record especially if you want a burial at a military cemetary. Your family will have to have the DD214 and court judgement for the name/gender change.

And it will always be the outing you'll have to explain with any application. So much for being stealth, especially when your personal and professional information is shared. It's the reality of being.

--Susan--
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BeverlyAnn

Excerpt from Transgender American Veterans Assn. website:

Veterans may change their names in the VA databases (national and local healthcare facility) by forwarding a letter request with a certified copy of the court ordered name change to both the regional VA office that holds one's records and one's primary healthcare facility.  Retirees may do the same with DoD by providing their parent service's personnel command retiree section and the DFAS Columbus Retired Pay Office a certified copy of the court ordered name change.  A new retired ID card can be issued and a DEERS name change entry made at any military Pass and ID office by presenting a certified copy of the court ordered name change.  Note that the DD-214 cannot be changed once issued; however, if one legally changes name in the military records prior to discharge or retirement, the original DD-214 will be issued in the new name.

Gender (VA).  Veterans may change their gender markers in the VA databases (national and local healthcare facility) by forwarding a notarized copy of the surgeon's letter that confirms accomplishment of SRS/GRS/GCS to both the regional VA office that holds one's records and one's primary healthcare facility.

Gender (DoD).  Veterans may request a change of gender marker in DoD records by submitting a Form DD 149, Application for Correction of Military Record parent service's records correction activity (e.g., the Board for Correction of Naval Records).  Include as a minimum a certified copy of the court-ordered name change and a notarized copy of the surgeon's SRS/GRS/GCS confirmation letter.  Expect the process to take a year or more.  The corrections activity, acting in the name of the Service Secretary (e.g., Secretary of the Army), will task the appropriate military personnel command to issue a Statement of Service in your new name and gender.  The Form DD 214 -- which does not show gender -- will NOT be changed or amended because the name at time of discharge or retirement is considered to have been correct at that time.  Issue of the Statement of Service can take up to an additional six months.

Retirees can send a copy of the Statement of Service by letter to the Retired Pay Office, DFAS Columbus, requesting the gender marker to be changed 'wherever recorded in DFAS databases.'  This is important because DFAS issues a periodic master tape that overrides any data in the DEERS database.


Beverly
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Robyn

Quote from: BeverlyAnn on May 28, 2007, 10:58:12 AM
Excerpt from Transgender American Veterans Assn. website:

Gender (DoD).  Veterans may request a change of gender marker in DoD records by submitting a Form DD 149, Application for Correction of Military Record parent service's records correction activity (e.g., the Board for Correction of Naval Records).  Include as a minimum a certified copy of the court-ordered name change and a notarized copy of the surgeon's SRS/GRS/GCS confirmation letter.  Expect the process to take a year or more.  The corrections activity, acting in the name of the Service Secretary (e.g., Secretary of the Army), will task the appropriate military personnel command to issue a Statement of Service in your new name and gender.  The Form DD 214 -- which does not show gender -- will NOT be changed or amended because the name at time of discharge or retirement is considered to have been correct at that time.  Issue of the Statement of Service can take up to an additional six months.

Retirees can send a copy of the Statement of Service by letter to the Retired Pay Office, DFAS Columbus, requesting the gender marker to be changed 'wherever recorded in DFAS databases.'  This is important because DFAS issues a periodic master tape that overrides any data in the DEERS database.[/i]

Beverly

Thanks, beverly; you beat me to it.

Since I developed the FAQ sheet you quoted (also in the TSVets news list files), I have been told by several Air Force veterans that the USAF corrections board refuses to make the change even while admitting that Army and Navy will. 

For Air Force veterans - or any others having postoperative gender marker change problems, my suggestion is to seek help from your Congressman and both senators.  (Be polite, though.)  If retired, try using your  surgeon's letter to change gender marker in DEERS and Pay Records.  If now in a same sex marriage due to SRS, the Pass and ID Office will need an override from their Help Desk for DEERS database acceptance of two females (or two males).

PS.  Note that the DD-214 and military/retired military ID cards do not include gender.

Robyn
Past TAVA Board member
TSVets Listowner

When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly. — Patrick Overton
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ShyGothGirl

Quote from: Cindi Jones on May 28, 2007, 12:26:47 AM
What is DD214?

DD214 is the form that you are given when you are separated fro military service for whatever reasons... I was also unable to get mine amended and I was in the Army :/
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Hazumu

Hi, Robyn;

I do have a couple of questions, seeing as how you've been on the TAVA board, and might know where I should look for the information.

How do I find the correct address to get my Army retirement data changed?  I got an address and a phone number for Army Retired Personnel Records from DFAS (Defense Finance and Accounting,) but when I called the phone number, they didn't know (or didn't want to know) what I was talking about.  Is there some resource that lists correct addresses, phone numbers and POCs for all branches?

What kind of list is TSVets?  (Reason for asking:  I don't do Yahoo groups because when I have in the past, I got crazy-spammed...)

Tango, over;

Karen
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rhonda13000


It is indeed fascinating how things work out in life; your query made me think about a certain transitional step which I had not previously thought of.

THANK YOU.  :)

TSgt. Rhonda Courtney Wallace, A&P, R&E, USAFR
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Robyn

Quote from: Karen on May 28, 2007, 11:51:37 AM

How do I find the correct address to get my Army retirement data changed?  I got an address and a phone number for Army Retired Personnel Records from DFAS (Defense Finance and Accounting,) but when I called the phone number, they didn't know (or didn't want to know) what I was talking about.  Is there some resource that lists correct addresses, phone numbers and POCs for all branches?



The address for each service for filing a DD 149 Request to Change Military Records is shown on the form.  <http://inglis.house.gov/PDFs/DD_149.pdf>

You need your court ordered name change and your SRS letter for the gender change.  All you can do, really, is to get them to agree you are NOW a different name and sex.  It does NOT change the DD-214.  Navy, at least, will issue a statement of service in your new name and gender.

Some retirees have good luck just taking the name change and SRS letter to a Pass and ID Office and having the information changed in DEERs.  If still married, though, the database won't allow the gender change due to same sex marriage prohibitions.  The Pass and ID's Help desk can override that prohibition.

You also need to change the name and gender with the DFAS Retired Pay Office, or therir periodic updates will change DEERS back to the old info.

Quote
What kind of list is TSVets?  (Reason for asking:  I don't do Yahoo groups because when I have in the past, I got crazy-spammed...)

Tango, over;

Karen


<https://www.susans.org/cgi-bin/tseek/go.cgi?id=3448
TSVets focuses on obtaining health care from the Veterans Administration for those of us who are, or were, transsexual or intersexed. It is NOT a place to discuss or post articles about politics, religion, or activism. It is NOT a general discussion list, although brief mention of milestones, wins and losses in one's gender change journey are allowed. ****NOTE: Membership is limited to transsexual or intersexed veterans or current members of the U.S. armed forces plus a small selection of supportive medical practitioners. ****

When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly. — Patrick Overton
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myles

Thanks for the info. If I get to the point I guess I will then try and take a stab at the one I have (Marine Corps), then maybe I can also get them to take off 'Discharged for homosexuality" as I guess they normally only put a code in and not the specific reason. Now that i'm in a larger city not as big of a deal but 15 years ago in a small town not somehting I wanted to have to show anyone. (I actually had  people ask to see it at interviews and I explained tot them it was not legal for them to ask for it well that didn't exactly get me another interview). :)
Thanks again for the info
Myles
"A life lived in fear is a life half lived"
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Melissa

Is it really necessary to change this?  I was in the army for less than a month (medical discharge) and I really have nothing to show for being in the military.  I have not even once used my form, nor am I (to the best of my knowledge) eligible for any benefits.  Is this something I really need to worry about?
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rhonda13000

Quote from: BeverlyAnn on May 28, 2007, 10:58:12 AM
Excerpt from Transgender American Veterans Assn. website:

Veterans may change their names in the VA databases (national and local healthcare facility) by forwarding a letter request with a certified copy of the court ordered name change to both the regional VA office that holds one's records and one's primary healthcare facility.  Retirees may do the same with DoD by providing their parent service's personnel command retiree section and the DFAS Columbus Retired Pay Office a certified copy of the court ordered name change.  A new retired ID card can be issued and a DEERS name change entry made at any military Pass and ID office by presenting a certified copy of the court ordered name change.  Note that the DD-214 cannot be changed once issued; however, if one legally changes name in the military records prior to discharge or retirement, the original DD-214 will be issued in the new name.

Gender (VA).  Veterans may change their gender markers in the VA databases (national and local healthcare facility) by forwarding a notarized copy of the surgeon's letter that confirms accomplishment of SRS/GRS/GCS to both the regional VA office that holds one's records and one's primary healthcare facility.

Gender (DoD).  Veterans may request a change of gender marker in DoD records by submitting a Form DD 149, Application for Correction of Military Record parent service's records correction activity (e.g., the Board for Correction of Naval Records).  Include as a minimum a certified copy of the court-ordered name change and a notarized copy of the surgeon's SRS/GRS/GCS confirmation letter.  Expect the process to take a year or more.  The corrections activity, acting in the name of the Service Secretary (e.g., Secretary of the Army), will task the appropriate military personnel command to issue a Statement of Service in your new name and gender.  The Form DD 214 -- which does not show gender -- will NOT be changed or amended because the name at time of discharge or retirement is considered to have been correct at that time.  Issue of the Statement of Service can take up to an additional six months.

Retirees can send a copy of the Statement of Service by letter to the Retired Pay Office, DFAS Columbus, requesting the gender marker to be changed 'wherever recorded in DFAS databases.'  This is important because DFAS issues a periodic master tape that overrides any data in the DEERS database.


Beverly


You're a volume of information, Bev.

This is precisely what I was concerned about.

Execution will proceed as as planned.
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myles

Quote from: Melissa on June 07, 2007, 12:56:36 AM
Is it really necessary to change this?  I was in the army for less than a month (medical discharge) and I really have nothing to show for being in the military.  I have not even once used my form, nor am I (to the best of my knowledge) eligible for any benefits.  Is this something I really need to worry about?
Probably not so much if it doesn't bother you, and like you said you never use it. I was in a bit longer and have/had some benefits and am a VFW (first Persian Gulf war). So I use services at times.
Myles
"A life lived in fear is a life half lived"
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DorothyGale

Here's what I'm wondering.  Every place I've researched or read online says the military won't change one's name on a DD-214.  Their position is that the name on the DD-214 was accurate at the time of discharge, and is therefore an historical fact.  However, has anyone mounted a recent challenge to this position?  I'm wondering if perhaps times have changed enough that the military may entertain a change in policy as regards this.  I served honorably in the Navy, having completed 30 years service both active and in the Fleet Reserve.  I am seriously considering filing a DD-149 in which I request the Navy to correct my name on my DD-214, and argue for the change of name under the 14th amendment of the U.S. Constitution, in that under the "equal protection clause" a refusal to make such correction subjects myself to discrimination, legal AND illegal, and invites an illegal invasion of my privacy. 
Any thoughts on this matter from the Sea Lawyers in this chatroom?
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Freya Edwena

In 1971 I was given an honorable discharge because I told my CO I wanted to have a sex change. In 2009 I finely came out and started living 24/7 as a woman and am getting my health care through the VA. I have legally changed my name but am having a real problem getting my military records to reflect my new name, most of the time the VA will use my new name but they still refer to me as "sir or Mr." One of the patient advocates at the VA told me that could be changed if I get my records changed. she sent off for my DD-214, but all they corrected was my social security number (I didn't know it was wrong on my DD-214) but no name change.
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Devlyn

This post reminds me of an old song, anyone remember it: Ain't no use in lookin' down, Ain't no discharge on the ground. Right, right, right on.........
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Joelene9

  I'd leave the DD-214 alone.  I'm in enough trouble by serving during Vietnam. 
  Joelene, Navy Veteran
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Muddy

This is why I changed my name *before* I got out, and just didn't give the paperwork to my Chain of Command.
Once my discharge was final, I submitted a request to correct my DD214.  They have no choice if the name change predates the discharge.
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halcyonix

Quote from: DorothyGale on October 08, 2010, 11:06:58 PM
Here's what I'm wondering.  Every place I've researched or read online says the military won't change one's name on a DD-214.  Their position is that the name on the DD-214 was accurate at the time of discharge, and is therefore an historical fact.  However, has anyone mounted a recent challenge to this position?  I'm wondering if perhaps times have changed enough that the military may entertain a change in policy as regards this.  I served honorably in the Navy, having completed 30 years service both active and in the Fleet Reserve.  I am seriously considering filing a DD-149 in which I request the Navy to correct my name on my DD-214, and argue for the change of name under the 14th amendment of the U.S. Constitution, in that under the "equal protection clause" a refusal to make such correction subjects myself to discrimination, legal AND illegal, and invites an illegal invasion of my privacy. 
Any thoughts on this matter from the Sea Lawyers in this chatroom?

Did you try this?  Did it work? 

Also, has there been any new information on this topic?  Anyone have any idea how to start an outcry for this?  Anyone have any ideas?
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