RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 June 2007
      DOCKET NUMBER:  AR20060015800


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 first name listed in her
military records be changed from David to Debbie.

2.  The applicant states, in effect, she served as a women and not a man as
the records indicate.

3.  The applicant provides the following documents in support of her
application:  Driver's License; Social Security Account Card; Social
Security Administration Letter, dated 11 October 2006; and Birth
Certificate, dated 26 January 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 29 May 1983, the date of the applicant's separation.  The
application submitted in this case was received on 30 October 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The record shows the applicant enlisted in the Regular Army and entered
active duty on 30 May 1979, as a member of the male gender.  The enlistment
contract (DD Forms 4/1, 4/2, 4/3, 4/4) on file confirms the applicant's
first name was David at the time of his enlistment, as evidenced by an
entry in Item 1 (Name) of the DD Form 4/1.  The applicant also
authenticated the enlistment contract by signing Item 14a of the DD Form
4/3 and Item 16a of the DD Form 4/4.  The applicant signed the documents
using the first name David.

4.  The applicant's record also contains a Report of Medical Examination
completed on 22 March 1979, during enlistment processing.  Item 1 (Name)
lists the first name David and Item 7 (Sex) lists the gender as Male.  This
document shows the applicant was determined to be medically qualified for
enlistment by competent medical authority.

5.  The applicant's Personnel Qualification Record (DA Form 2) lists the
first name David in Item 1 (Name) and contains the entry "Male M" in Item 5
(Sex/Code).  All documents and orders on file in the applicant's Military
Personnel Records Jacket (MPRJ) that list a name, show the applicant's
first name as David.  All medical treatment records on file show the
applicant's first name as David and gender as male.

6.  On 29 May 1983, the applicant was honorably separated after completing
4 years of active military service.  The DD Form 214 issued to the
applicant at the time lists the first name David in Item 1 (Name) and
applicant authenticated this document with a signature in Item 21
(Signature of Member Being Separated).  The applicant's signature in Item
21 contains the first name David.

7.  The applicant provides an amended birth certificate, dated 26 January
2005, which lists the first name as Debbie.  A letter from the Lansing,
Michigan. Social Security Administration, dated 11 October 2006, was also
provided.  This document confirms the applicant's current Social Security
records list the first name Debbie; however, the letter also confirms the
applicant previously used the first name David.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the first name listed in the military
records should be changed to Debbie because the applicant served as a woman
and not as a male was carefully considered.  However, while the applicant's
desire to change the military record to show the first name currently being
used is understood, there is insufficient evidence to support granting the
requested relief.

2.  The applicant enlisted, served, and was separated from the Army using
the first name David as a male, as is properly recorded in the military
records.  The fact that subsequent to service, the applicant has changed
first names does not provide a sufficiently mitigating basis for changing
the information recorded in the military records, which was 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.  This decisional document, along with the documents submitted with the
application, will be filed in the applicant’s OMPF.  This should clarify
the applicant's current use of the first name Debbie, and should assist in
avoiding any confusion and conflict in the record that could result from
the applicant's use of different first names.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 May 1983, the date of separation.
Therefore, the time for the applicant to file a request for correction of
any error or injustice expired on 28 May 1986.  The applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___CD       __MJF __  __JCR __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Carmen Duncan______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060015800                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06                                 |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1983/05/29                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |100.1100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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