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ARMY | BCMR | CY2003 | 2003086786C070212
Original file (2003086786C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 21 October 2003
                  DOCKET NUMBER: AR2003086786

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Mr. William D. Powers Member
Mr. Frank C. Jones, II Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his DD Form 214 (Report of Separation from Active Duty) be corrected to reflect his new name (first and middle) and gender.

APPLICANT STATES: In effect, that he has changed his gender from male to female and has legally changed his name. He would like his DD Form 214 to reflect his sex as female and his new first and middle names. In support of his request, he submits his DD 214 and a copy of a court decree granting his name change (first and middle) from Pxxx Fxxxxxxxx to Zxx Lxxx.

EVIDENCE OF RECORD: The applicant's military records show:

That he served on active duty in the Regular Army from 25 July 1975 to 14 July 1978 as a male with a first name of Pxxx and a middle name of Fxxxxxxxx.

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. 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. The Board recognizes that, in a situation as unique as this, the applicant desires documentation to show that the male who served on active duty during 1975 - 1978 as Pxxx Fxxxxxxxx is the individual as the female now known as
Zxx Lxxx. To that end, the Board will direct the Army Review Boards Agency, St. Louis to issue such documentation.

3. The applicant's DD Form 214 accurately reflects the conditions that existed at the time of its creation. In the absence of a demonstration of material error or injustice, the record should not be changed.

4. 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.

NOTE: Request that the Army Review Boards Agency (ARBA), St. Louis furnish the applicant a DA Form 1569 (Transcript of Military Records) showing her current name and gender and explaining that she served under a different name and gender.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__mhm___ __wdp___ __fcj___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003086786
SUFFIX
RECON
DATE BOARDED 20031021
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.0100
2.
3.
4.
5.
6.


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