Trans Military Veterans Can Now Update Critical Records
A top priority of NCTE since our beginning has been making it possible for everyone to have the ID documents they need to live in a society where accurate and consistent ID is required for many functions, from opening a bank account, entering government buildings, flying on airplanes. Even something as simple as having a beer with dinner requires ID. Trans people too often don’t have the luxury of others who don’t think much about their ID. The National Trans Discrimination Survey showed that 40% of those who presented identification that did not match their identity or expression reported being harassed.
The survey also showed that about 20% of transgender people trans people have served in the military, and have an extra ID burden in the form of military discharge papers (better known as DD-214s). These are the papers issued at the end of military service and they include rank attained, awards and commendations received, etc. For veterans, 214s are more than just a commemorative record of their service, but are necessary to access services such as educational benefits, VHA mortgages, hiring preferences, and veteran health benefits.
Having an old name on the discharge papers is a significant challenge for trans vets, and can cause them to have to out themselves when they show their 214s. The military has always argued that 214s were historical documents and should not be edited except for inaccuracy or injustice. The military would not consider the discrimination trans vets faced because of an old name as an injustice and a wrong name was not even an inaccuracy. Whether a name change happened because of transition, marriage or religious reasons, the name on the 214 was accurate at the time of discharge and therefore not considered inaccurate. To make advocacy even more challenging, 214s are controlled largely by each of the four military branches. Some veterans have occasionally been able to get their 214s changed, but most could not.
Federal law allows the correction of records when it is necessary to correct an error or remove an injustice, and for years NCTE and allies advocated that showing an old name and therefore having to disclose trans status on military discharge papers was an injustice that should be removed. Finally, in December, the Army responded to a complaint from the ACLU of New Jersey and approved issuance of an updated DD214 to a trans military veteran. A number of other veterans have also had updated documents issued since then. Because it is still not an official policy for which any of the branches have issued formal guidance, we will continue to work with the branches and DOD to clarify and formalize the policy. Until then, we are confident that most veterans who have legally changed their names for transition-related reasons will be permitted to change the name on their DD-214 with the branch in which they served.
Military veterans may refer to NCTE's Military Records Know Your Rights resource to update their military documents—including DD-214s as well as Department of Defense payroll and pension records, where an outdated gender marker can cause problems for military dependents or retirees.
