RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03413
INDEX CODE 100.01
XXXXXXX COUNSEL: None
HEARING DESIRED: No
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His military personnel records be changed to show his gender
change from male to female.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
She underwent gender reassignment surgery to change her sex from
male to female. Change in identification is needed to ensure
proper medical care from this point on.
In support of her application, she submits letters from her
doctors, a copy of her drivers' license, and a personal
statement.
Applicants complete submission, with attachments, is at Exhibit
A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman
basic on 18 November 1969 for a period of four years. He was
honorably discharged in the grade of sergeant after serving 3
years, 11 months and 29 days of total active duty.
In 20 December 2007, AFPC/DPSS informed the applicant that they
were unable to make the requested change. The records show that
the applicant enlisted, served and was discharged as a male.
Since the applicant's gender change occurred after separation
from the Air Force, the records reflect the correct gender in
which the applicant served during the period in question.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSS recommends denial and states that Air Force
Instruction 36-2608, Military Personnel Records System, Table
A7, addresses those changes that can be made to the name, social
security number, date and place of birth on either current or
prior service personnel. It does not address gender changes.
However, the service record shows the gender was correct
relative to the applicant's period of service.
AFPC/DPSS complete evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states since the
apparent guidebook (AFI 36-2608, Military Personnel Records
System, Table A7) does not address this issue and the offices of
primary responsibility apparently lack proper training in this
area, her request should be reviewed by a qualified psychiatrist
even if that means securing an outside specialist.
Applicant's complete response 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. After a
thorough review of the evidence of record and applicants
submission, the Board is not persuaded that the applicants
records should be changed. Applicants contentions are duly
noted; however, the Board does not find these assertions, in and
by themselves, sufficiently persuasive to override the rationale
provided by the Air Force office of primary responsibility
(OPR). Inasmuch as the applicants military records correctly
reflect his gender during his period of service, the Board
agrees with the opinion and recommendation of the Air Force OPR
and adopts its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice.
Therefore, in the absence of persuasive evidence to the
contrary, we find no compelling basis to recommend granting the
relief sought in this application.
________________________________________________________________
_
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 BC-
2007-03413 on 10 June 2008 under the provisions of AFI 36-2603:
Mr. XXXXXXXXXX, Panel Chair
Mr. XXXXXXXXXXX, Member
Mr. XXXXXXXXXX, Member
The following documentary evidence was considered in
connection with AFBCMR Docket Number BC-2007-03413:
Exhibit A. DD Form 149, dated 27 Sept 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSS, dated 27 Feb 08.
Exhibit D. Letter, SAF/MRBR, dated 7 Mar 08.
Exhibit E. Applicant's Response, dated 27 Mar 08.
XXXXXXXXXXXXXX
Panel Chair
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