APPLICANT REQUESTS: Correction of her military records to show her current name and sex.
APPLICANT STATES: She has changed her sex from male to female and has legally changed her name and gender to reflect that change. She now desires her military records to coincide with those changes. In support of her application she submits a court document which legally changed her name and an affidavit by a physician attesting that he performed sex reassignment surgery on her in December 1993.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 6 April 1962, then a male, served continuously, and was honorably discharged by reason of early release of overseas returnee on 2 December 1969. The applicant held the military occupational specialty of unit organizational supply specialist, served 3 years and 9 months in Vietnam and was promoted to pay grade E-6. The applicant had completed
7 years, 7 months, and 27 days of active service.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. In the absence of a showing of material error or injustice, those records should not be changed.
3. In the applicant's case the records reflect the correct name and sex under which military service was performed.
4. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.
5. In view of the forgoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The Army Reserve Personnel Center will be requested to furnish the applicant a DARP Form 3069 (Transcript of Military Records) showing the current name and social security number and other information as applicable.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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