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AF | BCMR | CY2003 | BC-2002-01798
Original file (BC-2002-01798.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01798
            INDEX CODE:  100.01
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

All military computer records indicating his  sex  as  male  be  changed  to
reflect female.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Gender  reassignment  surgery  was  performed  on  31  Jul   98.    She   is
anatomically female and as does other women, requires typical  gynecological
medical services.  Since she is female, her military medical records  should
indicate female as her gender.

In  support  of  her  request,  applicant  provided  a  copy  of  her  birth
certificate, a letter from her physician,  her  driver's  license,  AF  Form
218, Notification of change in Service Member's Official  Records;  and  her
DD  Form  214,  Certificate  of  Release  or  Discharge  from  Active  Duty.
Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served on active duty as J--- M. W--- for 22 years  and  12  days.
He retired from the Regular Air Force on 30 Sep 87 in  the  grade  of  chief
master sergeant.  Subsequent to his name change and gender  reassignment  on
31 Jul 98, the applicant submitted an application to the Board requesting  a
DD Form 214 correction to reflect the name  as  J----  Marie  W----.   By  a
majority vote, the Board denied the  request.   A  copy  of  the  Record  of
Proceeding is at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSAMP recommends denial of the  applicant's  request.   DPSAMP  states
that Air Force personnel records correctly  reflects  the  applicant's  name
and gender during the period of service and on the date of retirement.   The
current name and gender does not mirror the name and gender  information  in
the personnel record.   Therefore,  correcting  the  applicant's  historical
records is an unjustified action.  Any  organization  attempting  to  verify
the applicant's service will ask for the DD Form 214.  In this case  the  DD
Form 214 is correct as of the date of retirement.  As  such,  the  applicant
would have to provide the  organization  additional  information  concerning
the difference between the DD Form 214 and present circumstances.   The  Air
Force and Department of Defense has no procedures  in  place  in  regard  to
this type of change.  Her records correctly reflect  the  legal  name/gender
under which the applicant served and retired.  The DPSAMP evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that she successfully petitioned the ---  State  Department
of Health, Vital Records Bureau to correct her birth  certificate.   She  is
physically and functionally female and if called back to  active  duty,  she
would have to report as a woman.   In  support  of  her  request,  applicant
provided  additional  copies  of  documents   previously   submitted.    The
applicant's complete submission, with attachments, is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  The applicant's  decision  to  change  his
name and gender  was  a  personal  decision  that  was  made  subsequent  to
military service.  The correct name and gender during the period of  service
and at the time of retirement are  reflected  in  the  applicant's  military
records.  It is our opinion that  alteration  of  her  records,  to  include
computer records, would be inappropriate.   Therefore,  we  agree  with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Absent persuasive evidence to the contrary, we find no compelling  basis  to
recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________
THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the  Board  considered  Docket  Number  02-01798  n
Executive Session on 12 Feb 03, under the provisions of AFI 36-2603:

      Mr. Albert F. Lowas, Jr, Panel Chair
      Mr. James W. Russell III, Member
      Mr. William H. Anderson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSAMP, dated 3 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 03.
    Exhibit E.  Letter, Applicant, dated 23 Jan 03, w/atchs




                                   ALBERT F. LOWAS, JR.
                                   Panel Chair

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