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AF | BCMR | CY2008 | BC-2007-03231
Original file (BC-2007-03231.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03231
                                             INDEX CODE:  100.01
      XXXXXXXXXXXXXX                    COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214 be corrected to change her name from “Timothy  Paul  Thomas”
to “Tessa Pierce Thomas” to reflect her change of sex identity.

________________________________________________________________

APPLICANT CONTENDS THAT:

She underwent Genital Reassignment Surgery in October, 2006.

In support of  her  appeal,  she  has  provided  copies  of  a  court  order
reflecting the name  change  from  the  Allegan  County,  Michigan  Judicial
Circuit Family Division, a letter  from  the  physician  who  performed  the
Genital Reassignment Surgery, a DD Form 214, dated 29 September 1972, RO CA-
075579 and an Honorable Discharge Certificate from  the  United  States  Air
Force, effective 7 October 1974, and an NGB  Form  22  and  SO  ANG-A-39-MI,
which show a final separation date of 1 March 1991.

Applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

A review  of  the  military  personnel  records  shows  that  the  applicant
initially entered the Regular Air Force on 8 October 1968, and  completed  3
years, 11 months, and 22 days of net active service before  being  honorably
released from active duty on 29 September  1972,  and  thereafter  honorably
discharged on 7 October 1974.  The applicant subsequently  enlisted  in  the
Air National Guard, and completed 16 years, 8 months, and  14  days  of  net
service before being honorably separated in the grade of technical  sergeant
(E-6) on 1 March 1991.  The applicant is currently assigned to  the  Retired
Reserve List, and is awaiting Reserve retired pay  at  age  60  (DOB  is  13
October 1949 – age 58).

AFI 36-2608, Table A7.3, Note 5, states “Do not correct  records  of  former
members unless evidence proves the name used  while  serving  with  the  Air
Force was erroneously recorded.”

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/JA recommends denial as the requested change is  not  authorized.   AFI
36-2608, Table A7.3, states “Do not correct records  of  former  members  to
show name changes occurring after discharge.”  According to the letter  from
the physician who performed the surgery, the  applicant’s  surgery  occurred
on 13 October 2006, more than 15 years after retirement  from  the  Michigan
Air National Guard, and nearly 35 years after the DD Form 214 was issued.

The ARPC/JA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  19
October 2007, for review and comment, within 30 days.  However, as  of  this
date, no response has been received by this office.

________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been  the  victim  of  an  error  or  injustice.   The
applicant’s Genital Reassignment Surgery was performed more  than  15  years
after retirement from the Michigan Air National Guard, and nearly  35  years
after the DD Form 214 was issued, and no evidence has  been  presented  that
the name used while serving with the Air  Force  was  erroneously  recorded.
Therefore,  in  the  absence  of  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-2007-03231
in Executive Session on 13 December 2007, under the provisions  of  AFI  36-
2603:

                       Mr. Laurence M. Groner, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Sep 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/JA, dated 16 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Oct 07.




                                   LAURENCE M. GRONER
                                   Panel Chair

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