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AF | BCMR | CY2008 | BC-2004-00679
Original file (BC-2004-00679.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00679
            INDEX CODE:  100.01
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The name and gender on her military records be corrected to her  legal  name
and her gender be changed to male.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She has undergone psychological and medical testing to determine her true
gender.  She has also had corrective surgery.

In support of the application, the applicant submits copies  of  her  Record
of Birth, legal name change affidavit,  driver’s  license,  social  security
card, and doctor’s statements.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was honorably discharged from active duty  due  to  expiration
term of active obligated service on 26 Aug 90.  She had served four years.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSS recommends denial.  DPSS states the  name  and  gender  in  the
service record is correct.  The  applicant  has  no  continuing  affiliation
with the Air Force as a Reserve member or retiree; therefore,  changing  her
name and/or gender in the service record after the fact is not  appropriate.
 Air Force Instruction 36-2608 states that the name  is  not  corrected  for
former members unless it was recorded originally in error.

The complete DPSS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant on 16  May
08, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (Exhibit D).

_________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice warranting partial relief.   After  reviewing  the
evidence of record, the Board believes the applicant should  be  provided  a
document that not only reflects her current  name  but  also  indicates  her
active duty service.  We understand we should  not  change  the  applicant’s
original DD Form 214 (Certificate of Release from Active  Duty)  because  it
accurately reflects the applicant’s information during her period of  active
duty service and should not be altered  because  of  post-service  name  and
gender changes.  We believe an additional corrected copy  will  provide  the
applicant with adequate documentation to reflect  her  active  duty  service
using her current name.  Therefore, we recommend the  records  be  corrected
to the extent indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected,  as  an  exception  to  policy,  by  issuing  an
additional  DD  Form  214  (Certificate  of  Release  from   Active   Duty),
reflecting in block 1,  Name:  ---------------,  and  blocks  2  through  30
reflect the identical information as indicated on the original DD  Form  214
issued on the occasion of release from  active  duty,  effective  26  August
1990, currently in the applicant’s record.

It is further recommended the original DD Form 214 issued  on  the  occasion
of release from active duty, effective 26 August 1990, be maintained in  the
applicant’s records.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 9 Sep 08, under the provisions of AFI 36-2603:

      Mr. James W. Russell, III, Panel Chair
      Ms. Jan Mulligan, Member
      Ms. Lea Gallogly, Member

The following documentary evidence was considered in AFBCMR BC-2004-00679:

    Exhibit A.  DD Form 149, dated 14 Apr 08, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSS, dated 7 May 08.
    Exhibit D.  Letter, SAF/MRBR, dated 16 May 08.




                                   JAMES W. RUSSELL, III
                                   Panel Chair


AFBCMR BC-2004-00679





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

            The pertinent military records of  the  Department  of  the  Air
Force relating to APPLICANT, be corrected, as an  exception  to  policy,  by
issuing an additional DD  Form  214  (Certificate  of  Release  from  Active
Duty), reflecting in Name: APPLICANT, and blocks 2 through  30  reflect  the
identical information as indicated on the original DD  Form  214  issued  on
the occasion  of  release  from  active  duty,  effective  26  August  1990,
currently in the applicant’s record.

It is further recommended the original DD Form 214 issued  on  the  occasion
of release from active duty, effective 26 August 1990, be maintained in  the
applicant’s records.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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