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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her records be corrected to
reflect her gender reassignment (sex change) and name change.

2.  The applicant states she had a sexual reassignment surgery and requests
that her military record reflect her sex and name change.

3.  The applicant provides copies of a birth certificate issued on 2 August
2004 for Lauren M. J_____, a letter from the doctor who performed the sex
change surgery, and Reserve Components Personnel and Administrative Center,
St. Louis Letter Orders Number 09-1289089 discharging Larry M. J____ from
the Army Reserve (USAR) effective 1 October 1975.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that Larry M. J_____, a male, entered
active duty on 2 October 1969, completed training, and was awarded the
military occupational specialty (MOS) 71B (Clerk Typist).

2.  He was honorably released from active duty on 26 September 1971 under
the overseas returnee program and was transferred to the Army Reserve
(USAR).  He had 1 year, 11 months, and 25 days of creditable service
including service in Vietnam from 25 November 1970 through 21 September
1971.

3.  US Army Reserve Components Personnel and Administration Center, St.
Louis Letter Orders Number 09-1289089 discharged Larry M. J____ from the
USAR effective 1 October 1975.

4.  The state of Iowa issued the applicant a new birth certificate on 2
August 2004.  The information on this document matches that which is
reflected on the DA Form 4 (Enlistment/Reenlistment) completed at the time
of enlistment except for the corrected name and gender of the child.

5.  An 18 June 2004 notarized statement from Dr. M. L. B____ states that
Lauren M. J____ under went sexually reassignment surgery on 16 July 2004.
The date of birth and social security number match that of the service
member.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty as a male under the name Larry M.
J____.  He was separated from active duty and discharged from the USAR
under that name and gender.  The applicant’s legal name and gender change
did not occur until well after his release from the USAR.

2.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The data and information contained in those
records should actually reflect the conditions and circumstances that
existed at the time the records were created.

3.  While the applicant’s desire to have the records changed is
understandable, there is no basis for compromising the integrity of the
Army’s records.  Therefore, without a finding of material error or
injustice in the record, there is no basis for changing the name or gender
on any of the official military documents.

4.  However, in similar cases the Board has recognized that former Soldiers
who have elected to have gender reassignment do experience significant
difficulties associated with official documents showing different names.
Therefore, as a matter of compassion, it would be appropriate to issue a
Transcript of Military Record (DA Form 1569), under her current legal
female name, showing her honorable active duty service from 2 October 1969
through 26 September 1971 and her honorable USAR service from 27 September
1971 through 1 October 1975.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LE____  __PMS _  __LGH __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by providing the individual concerned a Transcript
of Military Record (DA Form 1569) under her current legal female name,
showing her honorable active duty service from 2 October 1969 through 26
September 1971 and her honorable USAR service from 27 September 1971
through 1 October 1975.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing the applicant’s military records, to include the DD Form 214, to
reflect the name and gender change.




                                  __       Lester Echols________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040006388                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.11                                  |
|2.                      |100.01                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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