RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            30 June 2005
      DOCKET NUMBER:   AR20040007301


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughessy        |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 the military records be
corrected to reflect a gender and name change.

2.  The applicant states, in effect, that since discharge, she has pursued
a name and gender change.  She had completed the process and now wishes her
military records to reflect these changes.

3.  The applicant provides the following documents in support of her
application:  Birth Certificate, Social Security Account Number (SSAN)
Card, Name Change Court Order and Medical Statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that on 15 November 1996, the
applicant was released from active duty (REFRAD) with an uncharacterized
description of service.  The record also confirms the applicant served as a
member of the male gender.

2.  The DD Form 214, issued to and signed by the applicant on the date
of separation confirms that the applicant held the rank of private/E-2 and
had completed 1 month and 13 days of active military service.  It also
shows
that the applicant was separated under the provisions of chapter 5,
Army Regulation 635-40, by reason of a disability that existed prior to
service (EPTS).

3.  The applicant provides a court order issued by the Superior Court of
Arizona, Cochise County, dated 5 September 2003, which approved the
applicant’s name change.

4.  The applicant also provides a statement from a doctor from the Cochise
Health Alliance Medical Group, dated 4 June 2004.  This statement confirms
the applicant was under the doctor’s care and was being treated with
hormone replacement therapy for a gender change into the female role.  The
doctor confirms the procedure is irreversible.
5.  The applicant also provides a birth certificate that confirms the name
and gender of birth, and a SSAN card that reflects the applicant’s current
name.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s desire to have the name and gender recorded in the
military records changed to reflect the current name and gender is noted
and understood.  However, there is an insufficient evidentiary basis to
grant the requested relief.

2.  The applicant enlisted, served, and was 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 underwent a gender and name
change does not provide a sufficiently mitigating basis for changing the
information recorded in the military records, which were 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 difficulty in this case associated with official documents showing
different genders and names is recognized.  As a result, it is concluded
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.

5.  The DA Form 1569 should be issued in the applicant’s current name,
which reflects her current female gender, as was legally declared in the
Superior Court of Arizona, Cochise County, Court Order, dated 5 September
2003.  This document reflecting the applicant’s current name and gender
will be filed in the applicant’s Official Military Personnel File (OMPF) in
order to clarify her current name and gender, and to avoid any confusion
and conflict in the record that could result from these changes.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MMD   ___TEO _  __YM___  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) in the name legally declared in Court
Order issued by the Superior Court of Arizona, Cochise County, Cochise on 5
September 2003; and by filing the
DA Form 1569 documenting the military service performed from 3 October 1996
through 15 November 1996 in the Official Military Personnel File (OMPF) of
the individual concerned.

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.




            ____Melinda M. Darby______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007301                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/30                              |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |1996/11/15                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |EPTS Disability                         |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.1100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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