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. Her ability to obtain VA benefits and her ability to establish her military service have been adversely affected by the fact that her military records reflect her former gender. In support of her application she submits a court document which legally changed her name and a statement from a physician who attests that he is in the process of performing
sex-reassignment surgery on the applicant (the letter is dated 8 October 1985).
COUNSEL CONTENDS: That due to psychological and emotional reasons, the applicant is unable to establish her military service with potential employers and the VA without awkwardness and undue delay.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was inducted into the Army on 1 November 1967, then a male, and was released from active duty and transferred to the Army Reserve Control Group, (Annual Training), at the expiration of his term of service on 31 October 1969. The applicant had completed 2 years 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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