| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Walter T. Morrison | Chairperson | ||
| Mr. Christopher J. Prosser | Member | ||
| Ms. Yolanda Maldonado | Member |
2. The applicant requests, in effect, that her military records be corrected to show her current name and gender.
3. The applicant states, in effect, that a correction to her record is required in order for her to receive credit for her military service toward seniority and retirement from her current employer, which is the Commonwealth of Pennsylvania. In support of her application, she submits verification of service from the Department of Veterans Affairs, Cleveland Regional Office, Cleveland, a Physician’s Affidavit from the surgeon who performed a gender change operation on the applicant, and individual self-authored Affidavit attesting to her name and gender change.
4. The applicant’s military records show that on 15 June 1971, the applicant was honorably released from active duty (REFRAD), by reason of expiration term of service, after completing 2 years of active military service.
5. The DD Form 214, issued to and signed by the applicant on the date of separation confirms that the applicant held the rank of specialist four and was serving in military occupational specialty (MOS) 81B (Instruction Draftsman) on the date of separation. This document also shows that the applicant was awarded the Good Conduct Medal and the National Defense Service Medal.
6. The applicant provides an Affidavit from a Canadian Surgeon, in which he attests to the fact that he is a duly licensed physician practicing in Quebec, Canada, who is experienced in gender reassignment surgery. This document contains the Surgeon’s confirmation that on 4 May 1999, in Montreal, Canada, he performed male-to-female gender reassignment surgery on the applicant.
7. The applicant also provided a self-authored Affidavit that was prepared and notarized in the Commonwealth of Pennsylvania, County of Allegheny, Pennsylvania, on 18 June 1998. This contains the individual’s affirmation of the new legal name chosen in conjunction with the requirement of living in the chosen gender based on undergoing the process of gender reassignment.
CONCLUSIONS:
1. The Board notes and understands the applicant’s desire to have the name and gender recorded in the military records changed to reflect the current name and gender. However, it finds an insufficient evidentiary basis to grant the requested relief.
2. The applicant enlisted, served, and was honorably separated from the Army in the name and male gender that is recorded in the military records. The fact that subsequent to service, the applicant had underwent a gender and name change does not provide a sufficiently mitigating basis for changing the information recorded in the military records, which was correct at the time the applicant performed military service.
3. 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 at this time.
4. The Board recognizes, in this case, the difficulties associated with official documents showing different genders and different names. As a result, the Board has determined that it would be appropriate to issue a Transcript of Military Record (DA Form 1569) in the interest of compassion and in order to ensure that the applicant suffers no injustice as a result of the information on file in the military record. The DA Form 1569 will be issued in the applicant’s current name, which reflects her current female gender, as was legally declared in the Affidavit prepared and notarized in the Commonwealth of Pennsylvania, County of Allegheny, Pennsylvania, on 18 June 1998.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by providing the individual concerned a Transcript of Military Record (DA Form 1569) in the name legally declared in the 18 June 1998 Affidavit, issued in the Commonwealth of Pennsylvania, County of Allegheny, Pennsylvania; and by filing the DA Form 1569 documenting the honorable service performed from 16 June 1969 to 15 June 1971 in the Official Military Personnel File (OMPF) of the individual concerned in order to clarify her current name and gender.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__WTM__ __CJP _ __YM __ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_ _Walter T. Morrison_ __
CHAIRPERSON
| CASE ID | AR2002078218 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/01/30 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | PARTIAL GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.1100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2008 | 20080005444
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of her military records to show her current name and sex. ___________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2009 | 20090008061
Application for correction of military records (with supporting documents provided, if any). The applicant requests that her military records be changed to reflect her name change from Alan Wells V------l to Vanessa Ann W---s and gender change from male to female. The applicant submitted a document from the Superior Court of Fulton County that decreed that her name was changed from Alan Wells V------l to Vanessa Ann W---S and that the applicant's legal gender status be changed from male to...
ARMY | BCMR | CY2008 | 20080002265
The applicant requests, in effect, that her separation document (DD Form 214) be corrected to show her current name and gender. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The applicant is advised that a copy of this decisional document, along with her application and the supporting...
ARMY | BCMR | CY2014 | 20140015885
The applicant requests, in effect, that her military records be corrected by: a. issuing a corrected DD Form 214 (Certificate of Release or Discharge from Active Duty) with her current name, Matxxxx Jxxx Dxxxx, and Social Security Number (SSN), XXX-XX-XX18; or b. reissuing of a new complete DA Form 1569-E (Transcript of Military Record) incorporating all previous corrections; and c. providing her information under the Freedom of Information Act (FOIA). The applicant provides * two DD...
ARMY | BCMR | CY2006 | 20060005325C070205
It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Although the applicant’s last name was changed due to marriage, evidence of record shows the same first and middle names and gender were used at the time of the applicant's enlistment in 1989 and his release from active duty in 1990. As a result, the Board recommends denial of so much of the application that pertains to changing the applicant's gender on his...
ARMY | BCMR | CY2002 | 2002075336C070403
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Thus, the Board finds no basis to grant the applicant’s request to change the military record. That all of the Department of the Army records related to this case be corrected by issuing to the applicant a Transcript of Military Records (DA Form 1596), in her new name ordered in the enclosed court decree,...
ARMY | BCMR | CY2013 | 20130011781
The enlistment documents on file confirm the applicant's first name was P--- and the gender was male at the time. The fact that subsequent to service the applicant changed her first name and gender does not provide a sufficiently mitigating basis for changing the information recorded in the military records, which was correct at the time the applicant performed military service. However, it is concluded that it would be appropriate to issue a Transcript of Military Record (DA Form 1569) in...
ARMY | BCMR | CY2008 | 20080009145
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his official records be corrected to show he changed his legal name from "Carol A. R_____" to "Johnny D. R_____" and that his gender changed from female to male. The applicant requests that his official records be corrected to show he changed his legal name and that his gender changed from female to male.
ARMY | BCMR | CY2008 | 20080010594
They have advised him that he needs to have his military records completely changed to show his gender as male for them to correct their records. The applicant did not undergo the sex reassignment surgery (from female to male) or change of name until more than 16 years after discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. including in the applicant's official records the fact that as of the 31 January...
ARMY | BCMR | CY2004 | 20040006388C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 September 2005 DOCKET NUMBER: AR20040006388 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that her records be corrected to reflect her gender reassignment (sex change) and name change. He was separated from active duty and discharged from the USAR under that name and gender.