RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050000123


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, correction of the DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) be amended to
reflect the gender reassignment (female) and name change.

2.  The applicant states the name and gender shown on the subject DD Form
214 have changed.  In effect, the male Soldier listed on the DD Form 214 is
now a female with a new name.  The applicant is not interested in changing
the name and gender throughout the military record, only on the subject DD
Form 214.

3.  The applicant adds the subject DD Form 214 has created problems on four
separate occasions when the document was presented showing a different name
and gender as proof of military service.  This was confusing to those to
whom the DD Form 214 was presented, and embarrassing to the applicant.

4.  The applicant provides in support of his request:

      a.  A letter, Department of the Army, Board for the Correction of
Military Records (ABCMR), Arlington, Virginia, dated 4 May 2004, in which
the applicant was advised that the official military personnel file (OMPF),
to include the
DD Form 214, could not be changed to reflect the current identity.  The
letter states that no relevant legal documents were provided to
substantiate the request, and the request was returned without action.

      b.  A DD Form 214, issued on 13 May 1970, to William. B. C_____y.
There is no block for gender on this form; however, the individual's date
and place of birth is shown as 25 January 1946 in Glenwood, Iowa.

      c.  Two court decrees legally granting the applicant a name change
from William. B. C_____y, a male, to William B. C____r, a male, on 27
September 1974, and from William B. C_____r, a male, to Billie J. C____r, a
female, on 20 September 2004.

      d.  A Birth Certificate from the Iowa State Department of Health –
Division of Vital Statistics.  The Certificate, issued on 19 October 2004,
shows that Billie J. C____r, a female, was born on 25 January 1946 in
Glenwood, Iowa.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that William B. C_______y, a male, served
in an active duty status in the Regular Army from 29 April 1965 to 18
January 1968 until honorably separated to accept a commission as an
officer.  The applicant served in military occupational specialty (MOS)
71H, Personnel Specialist.  The applicant served in Vietnam from 11 October
1965 through 5 October 1966.  The applicant was separated in the rank of
sergeant, pay grade E-5.

2.  On 19 January 1968, William B. C_______y, a male, was commissioned an
officer in the United States Army Reserve (USAR) and served in an active
duty status until honorably separated on 13 May 1970, in the rank of
captain and transferred to the USAR.  The applicant had completed 2 years,
3 months, and 25 days of creditable service on this period of enlistment
and 2 years, 8 months and 20 days of prior active military service.  The
applicant was separated in the rank of captain.

3.  Neither the applicant's commissioning documents nor his DA Form 4
(Enlistment/Reenlistment) is available.

4.  The state of Iowa issued the applicant a new birth certificate on 19
October 2004.  The information on the birth certificate matches the vital
statistics information that is shown throughout the OMPF except for the
corrected name and gender of the child.

5.  The available evidence does not show the applicant underwent sex
reassignment surgery.

6.  The court orders provided by the applicant confirms two legal name
changes. The order issued on 20 September 2004 changes the applicant's name
to Billie J. C_____r.  This document identifies the applicant as a "white
female" born on 25 January 1946 in Glenwood, Iowa.  It further states she
is 5'10'', her weight is 160 pounds, and she has blonde hair and blue eyes.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on an active duty as a male under the name of
William B. C______y.  He was separated from active duty under that name and
gender at the end of both periods of service.  The applicant's legal name
and gender change did not occur until after release from active duty
status.



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 reflect the conditions and circumstances that existed at the
time the records were constructed.

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 record.  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 OMPF documents.

4.  However, in similar cases the Board has recognized that former Soldiers
in a situation such as the applicant 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 the applicant's current legal female name, showing
the applicant's honorable active duty service from 29 April 1965 through 18
January 1968 and from 19 January 1968 through 13 May 1970.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__slp___  __cad___  __ksj___  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 a Transcript of Military
Record (DA Form 1569) under the current legal female name, showing the
applicant's honorable active duty service from 29 April 1965 through 18
January 1968 and from 19 January 1968 through
13 May 1970.
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.



                                        Shirley L. Powell
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000123                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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