IN THE CASE OF:
BOARD DATE: 16 SEPTEMBER 2008
DOCKET NUMBER: AR20080009145
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his official records be corrected to show he changed his legal name from "Carol A. R_____" to "Johnny D. R_____" and that his gender changed from female to male. He also requests that he be issued a Letter of Service.
2. The applicant states that he went through medical treatment for gender identity disorder, legally changed his name, and underwent female-to-male gender reassignment surgery.
3. The applicant provides a copy of the court order changing his name and a statement from his surgeon.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 29 April 1985 through
1 November 1990. He was discharged under the provisions of Army Regulation 635-200, chapter 5-13, by reason of a personality disorder. He served under the name of "Carol A. R_____."
3. The applicant provided a copy of a court order showing he changed his name to "Johnny D. R_____" on 18 November 1997.
4. The applicant provided a letter from his surgeon who states that he performed female to male gender reassignment surgery on 2 August 2000. It is his opinion that the applicant is a male.
5. Army Regulation 635-5 (Separation Documents) 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 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. Each entry is verified from the official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his official records be corrected to show he changed his legal name and that his gender changed from female to male.
2. The applicant enlisted, served, and was separated from the Army in the name and female gender that is recorded in the military records. The fact that subsequent to service, the applicant underwent a gender and name change 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. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The date and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. While it is understood the applicant desires to have the records changed, there is no compelling reason for compromising the integrity of the Army's records at this time.
4. The difficulty the applicant is experiencing associated with official documents at the Department of Veterans Affairs (DVA) showing different genders and names is recognized. As a result, it would be appropriate to issue a Transcript of Military Record (DA Form 1569) in the interest of compassion, and in order to ensure that the applicant suffers no injustice as a result of the information on file in the military record.
5. The DA Form 1569 should be issued in the applicant's current name, which reflects his current male gender, as was legally declared as evidenced by the court order changing his name and the medical certification of his gender from his surgeon. These documents reflecting the applicant's current name and gender will be filed in the applicant's Official Military Personnel File (OMPF) in order to clarify his current name and gender, and to avoid any confusion and conflict in the record that could result from these changes.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__XXX __ __XXX__ __XXX__ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by providing the individual concerned a Transcript of Military Record (DA Form 1569) in the name legally declared in his court order and by filing the DA Form 1569 documenting the military service performed from 6 February 1989 through 2 November 1990 in the OMPF of the individual concerned.
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 military records, to include the DD Form 214, to reflect the name and gender change.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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