RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20070017076 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 correction of his military records to show his gender as that of a male instead of a female and his first name as Kori Dade instead of Yolanda.

2.  The applicant states that he has undergone satisfactory and irreversible surgery, from female to male, and has legally changed his name.  He further adds that he continually encounters discrimination and harassment as a result of his transgender change and would like his record corrected to improve his quality of life and employment opportunities. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Medical statement, dated 14 July 2006, certifying his gender reassignment surgery.

	b.  Medical statement, dated 1 February 2006, gender identity disorder diagnosis. 

	c.  Medical statement, dated 1 May 2006, primary care diagnosis.

	d.  Medical statement, dated 1 March 2006, hormone treatment record.

	e.  Civil Court of the City of New York Court Order, dated 6 February 2006, legal name change.

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.  The applicant's records show that he enlisted in the Regular Army for 3 years on 4 August 1982.  He enlisted using the first name Yolanda and he signed his enlistment documents using the first name Yolanda. 

3.  The applicant's records further show that he executed two three-year reenlistments in the Regular Army on 3 June 1986 and 15 November 1988.  The applicant used his first name Yolanda and signed his reenlistment documents using the first name Yolanda. 

4.  Section 1 (Personal Data), of the applicant's DA Form 2A (Personnel Qualification Record), lists the applicant's first name as Yolanda and his gender as female.

5.  The applicant's medical, dental, and personnel records, created on miscellaneous dates, and authenticated by the applicant on miscellaneous dates, show that the applicant was identified as a female and used the first name Yolanda.  

6.  The applicant was honorably discharged on 6 December 1991.  The DD Form 214 he was issued shows he completed 9 years, 4 months, and 3 days of creditable active Federal service.  This form also shows his first name as Yolanda and he signed it using the first name Yolanda.

7.  The applicant's submitted a medical statement, dated 14 July 2006, certifying that he was formerly known as Yolanda and that he underwent a successful and irreversible gender reassignment surgery, from female to male, and is qualified to be considered a male.  

8.  The applicant submitted a court order, issued by the Civil Court of the City of New York, on 6 February 2006, granting the applicant a legal name change from Yolanda to Kori Dade.

9.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

10.  Army Regulation 635-5 (Personnel Separations) prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  In 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his service records be corrected to change his first name to Kori Dade and his gender to male.

2.  Evidence of record shows the applicant enlisted and served, as a female, using the first name Yolanda throughout his military career.  His service records are consistent with the gender and name he was using at that time.

3.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.  

4.  A copy of this decisional document, along with the applicant’s application will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the different names, and adequately document his first name and gender in his record. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x____  _x___  __x___  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.




							JS
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070017076



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508