The New Jersey chapter of the American Civil Liberties Union has announced that the Army Board for Correction of Military Records has notified two veterans that it has decided to "fully recognize" their new legal names. Apparently "fully recognize" includes change of gender status. The Board initially recommended that the requests be denied, but the decision was overridden by the Board's deputy assistant secretary, Francine C. Blackmon.
To get this news the week of Thanksgiving feels fitting.
This is about much more than a change on a piece of paper. This is about the relief of knowing that when I apply for a job, or a home loan, or anything where my veteran status is relevant, I can do it as myself.
--Jennifer, one of the veterans, who served in the Army for 29 years, retiring as a sergeant major with a Bronze Star
This small change in a personnel document means a huge change for veterans like me.
--Nicolas, the other veteran, who served 9 years in the New Jersey National Guard
With this decision, the U.S. Army has recognized the importance of reflecting service members’ true identities accurately, and we’re grateful that the deputy assistant secretary chose to reexamine the approach the Army Review Boards had taken for too long. We hope this action signals a new direction for the Army, if not all branches of the military, and indicates a new sensitivity to the barriers faced by transgender veterans
--Deputy Legal Director Jeanne LoCicero, ACLU-NJ
In the past branches of the military have refused to change information on the DD-214 Certificate of Release or Discharge from Active Duty, claiming that they needed to preserve the historical accuracy of military records.
The ACLU-NJ has contended that the board has the authority – as well as an imperative -- to change this policy and thereby prevent the continued injustice facing transgender service members. Not changing the document constitutes a form of discrimination against transgender veterans.
The DD-214 form determines veterans' eligibility for benefits and legal protections tied to military service. Veterans need this document to engage in a wide range of activities in public life, including securing a home loan, taking the bar exam, or applying for a job with an employer that gives veterans preference in hiring. Transgender veterans not only risk the denial of these many benefits because of inconsistencies on the DD-214, but also face invasive questions every time this document is presented.
The Williams Institute estimates 134,300 transgender veterans encounter substantial obstacles to obtaining post-service benefits because the names and genders recorded on their discharge documents do not match he names and genders they live with after discharge from the service.
Last May Chuck Hagel signaled that he was open to reviewing the ban on trangender people serving openly in the military, saying "every qualified American who wants to serve our country should have an opportunity if they fit the qualifications and can do it."
He then backed off that statement, saying that the issue of transgender people "was a bit more complicated."
Until this past August, the Defense Department described transgender people as suffering from a “congenital or developmental defect” and associated the "sexual orientation" as one of sexual deviancy and “paraphilia”. Under these terms, the military could summarily dismiss transgender people from service.
In August the wording was changed. Now the Pentagon can only discharge personnel if their "performance is compromised" by perceived defects. But none of the branches of the military have changed their discharge procedures, so the ban remains in place in spite of the "loophole".
In May 2013, the navy changed veteran Autumn Sandeen’s status to female, though it still lists her as a man in historical records and her discharge papers. In April 2014, convicted private Chelsea Manning won a petition to have her name changed from Bradley; the judge in her case did not however order the military to treat her as a woman or comply with her requests for hormone treatment.
The Palm Center estimates that there are currently as many as 15,000 transgender Americans serving in the military.