IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20100029775 


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 that her military records be corrected to show her name as "Renee E____ C____" and her gender as female.

2.  The applicant states she underwent gender reassignment 25 years ago, but because of the difference in her name on her DD Form 214 (Report of Transfer or Discharge) and the Department of Veterans Affairs hospital reporting her gender to other government agencies, she has many problems, including people threatening her life.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army under the name "Richard E____ C_____" on 21 November 1966.  The applicant completed training, was awarded military occupational specialty 63C (General Vehicle Repairman), and served in Vietnam for 2 years, 9 months, and 10 days.

3.  The applicant was honorably released from active duty on 27 August 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 was issued in the name "Richard E____ C____."

4.  At some undocumented date in the mid-1980's, the applicant underwent gender reassignment and took the name "Renee E____ C____."  As a result of the gender reassignment, the applicant is now legally considered to be female.

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  It will decide cases on the evidence of record and it is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  By her own statement, the applicant did not become female and have her name changed to "Renee" until many years after her discharge.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record her current name and gender in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  While correction of the DD Form 214 would be inappropriate, the applicant is advised that a copy of this decisional document along with her application will be filed in her official military personnel file (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in her military record and to satisfy her desire to have her correct name documented in her OMPF.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________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)                                         AR20100029775



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ABCMR Record of Proceedings (cont)                                         AR20100029775



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