| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Roger W. Able | Chairperson | ||
| Ms. Karen Y. Fletcher | Member | ||
| Mr. Bernard P. Ingold | Member |
APPLICANT REQUESTS: In effect, correction of her military records to reflect her current name and gender.
APPLICANT STATES: In effect, she has changed her gender from male to female and has legally changed her name to reflect that change. She now desires to have her military records changed to reflect these changes. In support of her application, she submits a copy of her separation document and a court decree granting her a name change.
EVIDENCE OF RECORD: The applicant's military records show:
On 18 March 1976, the applicant was honorably released from active duty (REFRAD), after completing 2 years, 11 months, and 22 days of active military service.
The DD Form 214 issued to and authenticated by her with her signature on the date of her separation, 18 March 1976, confirms that she held the rank of specialist four/E-4 and was serving in military occupational (MOS) 24Q
(Nike Hercules Fire Control Mechanic) at that time. In addition, the name entered on this separation document is consistent with the name documented in her enlistment contract, the service record created upon her enlistment, and in the records and documents prepared and published throughout her tenure on active duty.
The applicant provided a court decree, dated 25 March 2002, issued by the Court of Common Pleas of Allegheny County, Pennsylvania, that was published subsequent to her separation from the Army on 18 March 1976. This document ordered a name change and the issuance of a new certificate of birth.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board notes and understands the applicant’s desire to have the gender and name recorded in her military records changed. It also carefully considered the evidence she provided confirming that her name was legally changed by a court order, dated 25 March 2002. However, she has failed to provide evidence confirming that she underwent a gender change procedure.
2. In addition, the Board finds no evidence that suggests that the name and gender recorded in the applicant’s military record exhibits a material error or injustice, or that the applicant would suffer any injury or injustice as a result of the Army maintaining its records with the gender and name under which she served.
3. The applicant enlisted, served, and was honorably separated from the Army as a male and under the name shown in the military record. Lacking evidence of a gender change, the fact that the applicant’s name has been changed subsequent to separation is not a sufficiently mitigating factor that warrants changing the applicant’s military record at this time. In view of the foregoing, there is no basis for granting the applicant's request.
4. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. While the Board understands the applicant’s desire to have the records changed, it finds no compelling reason for compromising the integrity of the Army’s records.
5. The Board wishes to advise the applicant that a copy of this decisional document, along with her application and the supporting evidence she provided, which confirms her name change, will be filed in her Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in her current name and the name recorded in her military records.
6. In view of the foregoing, 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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__RWA__ __KYF___ __BPI__ DENY APPLICATION
| CASE ID | AR2002072507 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/12/12 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.1100 |
| 2. | 100.0100 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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