IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080010692
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 correction of his military records to show that he has changed his name and gender.
2. The applicant states that his name has been changed by court order and he has undergone surgical procedures that changed his gender from female to male.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214), a letter from the University of Michigan Health System, and a court order changing his name.
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. On 19 July 1985, the applicant enlisted in the Regular Army under the name of M______ S____ B_____, as a female. She completed basic combat training at Fort Dix, New Jersey and was subsequently assigned to Fort Sill, Oklahoma, for further training. There is no evidence showing that she completed advanced individual training or that she was awarded a military occupational specialty.
3. On 27 March 1986, the applicant was assigned to the Medical Holding Company, Fort Dix, New Jersey.
4. On 5 August 1986, the applicant was discharged due to physical disability. She was awarded severance pay. She had attained the rank of private first class, pay grade E-3, and had completed 1 year and 17 days of creditable active duty service. Her characterization of service was honorable.
5. The applicant has provided a State of Michigan Judicial Circuit Family Court order showing that on 11 July 2006, the judge ordered the applicants name changed from M______ S____ B_____ to T_______ A________ B_____.
6. The applicant has provided a letter, dated 17 July 2007, from the University of Michigan Health System, stating that the applicant had been under the care of the University of Michigan Comprehensive Gender Services Program and had undergone surgical procedures changing the applicant from female to male gender.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The applicant served in the Regular Army, as a female, and was honorably separated using the name currently recorded in the military records. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name and gender under which the applicant served. The fact that the applicant, for personal reasons, now desires those records to be changed to show a different name and gender is not sufficient to justify the requested relief.
3. The applicant is advised that a copy of this decisional document, along with the application and supporting evidence, confirming the applicants current name and gender will be filed in the applicants Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the applicants current name and gender with what is recorded in the applicants military record, and to satisfy the applicants desire to record the current name and gender in the military record.
4. In view of the above, the applicants request should be denied.
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.
___________X____________
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.
ABCMR Record of Proceedings (cont) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080010692
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