RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 October 2006
DOCKET NUMBER: AR20060005325
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Ms. Melinda Darby | |Chairperson |
| |Mr. Jeffrey Redmann | |Member |
| |Mr. Ronald Gant | |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 his military records be
corrected to reflect a different name and gender.
2. The applicant states, in effect, that since serving in the military he
has undergone gender reassignment surgery (from female gender to male
gender) and that he needs his records to show the correct name and gender.
3. The applicant provides an affidavit by the physician as to change of
sex designation; a letter, dated 31 March 2004, from the physician who
performed his sex reassignment surgery; a court document pertaining to his
name change; a Social Security card; and an Illinois driver license.
CONSIDERATION OF EVIDENCE:
1. The applicant, while a female, enlisted in the Regular Army on 2
November 1989 under the name Irene C. N_____. She married and legally
changed her last name to L____ in August 1990. She was honorably
discharged on
22 August 1990.
2. The applicant's DD Form 214 shows her name as Irene C. L______.
3. The applicant underwent female-to-male gender reassignment surgery on
18 June 2003.
4. On 24 October 2003, the applicant legally changed her name to Adam J.
N_____ in the Circuit Court of Cook County, Illinois.
5. Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army. It establishes standardized policy for the
preparation of the DD Form 214. In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier's most recent period of continuous
active duty. It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.
DISSCUSSION AND CONCLUSIONS:
1. 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.
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. In the absence of a showing
of material error or injustice, this Board is reluctant to recommend that
those records be changed.
3. However, the Board recognizes, in this case, that the applicant may
incur difficulties associated with official documents showing different
genders and different names. As a result, the Board has determined as a
matter of compassion that the applicant should be issued a Transcript of
Military Record, DA Form 1569, in his current male name, as legally changed
by the Circuit Court of Cook County, Illinois, dated 24 October 2003,
showing his honorable active duty from 2 November 1989 to 22 August 1990.
This document is intended solely for the purpose of identifying himself to
agencies who will not accept his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
MD_____ _JR_____ _RG____ 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 and to excuse failure to timely
file. As a result, the Board recommends that the Case Management Support
Division (CMSD), St. Louis, Missouri, issue a Transcript of Military Record
(DA Form 1569) with the applicant’s new name showing his honorable active
duty from 2 November 1989 to 22 August 1990.
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 gender on his military records.
____Melinda Darby_____
CHAIRPERSON
INDEX
|CASE ID |AR20060005325 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061019 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0100 |
|2. |100.1100 |
|3. | |
|4. | |
|5. | |
|6. | |
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