RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 March 2008
      DOCKET NUMBER:  AR20070016208


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, reconsideration of her earlier
petition to correct her military records to reflect a different name and
gender and her promotion.

2.  The applicant states, in effect, that the longer she attempts to use
the Transcript of Military Record provided her, the more she is confronted
with a number of issues.  She states that she is a professional woman that
has been called upon to verify her military service a number of times and
the Transcript provided is only marginally helpful in resolving those
issues, and has on many occasions been the source of personal and
professional consequences.

3.  The applicant provides a self-authored letter in support of her
reconsideration request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040004376, on 14 April 2005.

2.  During its original review of the case, the Board found the same name
and gender were used at the time of the applicant's enlistment in the Army
in 1967, and at the time of his release from active duty (REFRAD) in 1993.
The Board also concluded that for historical purposes, it would not be
appropriate to change the applicant's military records to reflect a name
and gender different from those under which he performed military service.
The Board did recognize the difficulties that the applicant could incur
related to official documents showing different names and genders, and as a
result, it granted partial relief by recommending the applicant be issued a
Transcript of Military Record
(DA Form 1569), which reflected her current female name, as legally
changed.

3.  The applicant submits a self-authored statement in support of her
reconsideration request, in which she claims the DA Form 1569 had not
resolved her problems related to verifying her military service.  She
further states that the AKA annotation on the Transcript of Military Record
has also created significant difficulty in light of social attitudes
dealing with transgendered women.  She requests to be issued a new
separation document (DD form 214), or in the alternative, the issue of a DA
Form 1559 that does not include the AKA annotation.
4.  The applicant's record shows that he initially enlisted in the Regular
Army and entered active duty, as a male using the first and middle names
Robert William, on 23 May 1967.  He was honorably discharged for the
purpose of immediate reenlistment on 22 January 1968, and reenlisted for 4
years on 23 January 1968, again as a male using the same first and middle
names.

5.  On 19 December 1968, the applicant was honorably discharge in order to
accept a commission in the United States Army Reserve, and on 20 December
1968, he was commissioned a second lieutenant (2LT) in the USAR and entered
active duty as a male using the first and middle names of Robert William.

6.  On 1 July 1974, the applicant was REFRAD in the rank of captain (CPT)
and returned to the USAR, where he served in various capacities until being
ordered to active duty in support of Operation Restore Hope on 28 December
1992.  He was REFRAD, in the rank of lieutenant colonel, and returned to
the USAR on
27 March 1993.  He was promoted to colonel (COL) in the USAR on 19 August
1994, and was transferred to the Retired Reserve on 9 March 2000.  During
the entire period of his USAR service, the applicant served as a male using
the first and middle names of Robert William.

7.  On 5 April 2002, the applicant legally changed her first and middle
name to Rhiannon Whitney, and on 25 June 2002, she underwent male-to-female
gender reassignment surgery.  On 15 August 2002, her birth certificate was
amended to reflect her new name and gender.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for Soldiers upon retirement, discharge, or release from
active service or control of the Army.  It also establishes standardized
policy for the preparation of the DD Form 214.  It states, in pertinent
part, that the DD Form 214 is a synopsis of the Soldier's most recent
period of continuous active duty service, and that the member's Personnel
Qualification Record and documents on file in the Official Military
Personnel File (OMPF) are the records sources for DD Form 214 entries.  The
instructions for entering the rank specify that the rank held on the date
of release from active duty will be the rank entered.  There are no
provisions for entering a rank attained subsequent to the period of active
duty covered by the separation document in question.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconsideration request was carefully considered.
However, as advised in the original Board decision on this case, Army
records must reflect the name and gender under which a member served, and
for historical purposes, it would not be appropriate to change these
records based on a name and gender change that takes place subsequent to
the completion of military service.

2.  The DA Form 1569 issued as a result of the original Board decision was
designed only to assist the applicant in difficulties associated with
verifying military service based on the different name and gender under
which the applicant served.  It is not intended for any other purpose, and
while the difficulties currently being faced by the applicant are
unfortunate, it is not within the purview of this Board, nor does the Board
have the ability, to change her record in order to resolve the difficulties
she now faces as a result of how the
DA Form 1569 is viewed in the civilian sector.

3.  The applicant's request to be issued a new DD Form 214 reflecting not
only her name and gender change, but also her promotion to COL was also
carefully considered.  However, there are no provisions of correcting or
issuing a new DD Form 214 based on events and changes that occur subsequent
the period covered by the separation document in question.  As a result,
there is also  insufficient evidentiary basis to support granting this
portion of the requested relief.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement or that would support
amendment of the original Board decision in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LDS _  __ECP __  __DLL __  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 to amend the decision of
the ABCMR set forth in Docket Number AR20040004376, dated 14 April 2005.




                                  _____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016208                           |
|SUFFIX                  |                                        |
|RECON                   |AR20040004376-2005/04/14                |
|DATE BOARDED            |2008/03/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2000/03/09                              |
|DISCHARGE AUTHORITY     |AR 140-10                               |
|DISCHARGE REASON        |Ret Res                                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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