RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 August 2007
      DOCKET NUMBER:  AR20070003431


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Conrad V. Meyer               |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Ms. Ernestine I Fields            |     |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 gender and name on
her military records.

2.  The applicant states, in effect, her records should be changed to show
her gender as female and name as L__, Laura B.  The applicant adds that her
previous name implies a previous gender which can cause discrimination on
the part of employers as well as elsewhere.

3.  The applicant provides no additional documents in support of her
application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  On 8 September 1983, the applicant enlisted in the Regular Army for a
period of 3 years.  The applicant completed the required training and was
awarded Military Occupational Specialty 63B (Power Generator / Light Wheel
Vehicle Mechanic).  The applicant was honorably released from active duty
on 7 July 1987, in pay grade E-4. At the time, the applicant was credited
with completing
3 years and 10 months of creditable active service, with 4 months and 24
days of prior inactive service.

3.  The applicant’s Personnel Qualification Record (Part I) shows, in
pertinent part, the applicant’s name as “C_______ Charles Richard” and sex
as “Male.”

4.  The applicant’s military service records contain a DD Form 214
(Certificate of Release or Discharge from Active Duty), with an effective
date of 7 July 1987.  This document shows, in pertinent part, the
applicant’s name as “C_______, Charles Richard.”

5.  In support of her application, the applicant provides, in pertinent
part, a copy of District Court of Tulsa County, Oklahoma, Case Number CJ
2001-####, Journal Entry of Judgment and Change of Name, which shows, that
on 2 May 2001, it was adjudged and decreed that the applicant’s legal name
be changed from Richard Charles C_______ to Laura Brandy L_______.

6.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies and mandated operating tasks for the
Military Personnel (MILPER) Information Management/Records Program of the
Military Personnel System.  It also provides principles of support,
standards of service, policies, tasks, rules, and steps governing all work
required in the field to support MILPER Information Management/Records.
Paragraph 1-16 (MILPER information management records) of this Army
regulation provides, in pertinent part, that all personnel information
recorded under the authority of this regulation is the property of the U.S.
Government.  Once recorded, it will not be removed, except as provided by
law or this regulation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the gender and name that is
recorded in her military service records should be changed because she is a
female and her name was legally changed.  She also contends that she is
greatly concerned about discrimination if references have to be made to her
current military service records.

2.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  Accordingly, the information contained in those
records should reflect the conditions and circumstances that existed at the
time the records were created.  In this regard, the evidence of record
shows that the applicant’s military service records reflect the correct
name and sex under which military service was performed.  Therefore, in the
absence of a showing of material error or injustice, the applicant’s
military service records should not be changed.

3.  While the Board understands the applicant's desire to have the military
service records changed, it finds no basis for compromising the integrity
of the Army's records that reflect the correct name and sex under which
military service was performed.  Therefore, in view of the forgoing, there
is no basis for granting the applicant's request.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___CVM _  ___DED_  ___ERM_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  ____Conrad V. Meyer_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/08/21                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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