IN THE CASE OF:
BOARD DATE: 9 September 2008
DOCKET NUMBER: AR20080010965
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 reconsideration of her earlier request to be issued a Transcript of Military Service (DA form 1569-E) showing her current name and gender.
2. The applicant states, in effect, that she is a gender corrected American citizen. The Department of Defense (DOD) and the United States Army is currently in violation of anti-sex discrimination laws at both the Federal and State level. She contends that the actions of the DOD, this Board, the Department of the Army, and the Alabama Army National Guard have caused her to be refused her right under law and by medicine to be a female. She believes that she has been denied her rights under Federal and State law prohibiting sex discrimination. She further contends that she is not a third sex, homosexual, or a transsexual. She is legally and physically a female and wants the above mentioned organizations to recognize her as a female in both the past and the present with regard to her military records. She also wants all of her military records to be corrected, in particularly, her awards and her Certificate of Release or Discharge from Active Duty (DD Form 214).
3. The applicant provides no additional documentation in support of her application.
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 AR20070000386, on 13 September 2007.
2. The applicant offers a new argument, stating simply that her rights have been violated as a result of the Boards refusal to change her name and gender in her military records.
DISCUSSION AND CONCLUSIONS:
1. The applicants new argument is not supported by any documented evidence and is not sufficiently convincing to overcome the Boards initial decision.
2. 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 the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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 to amend the decision of the ABCMR set forth in Docket Number AR20070000386, dated 13 September 2007.
________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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080006435
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
AF | BCMR | CY2002 | BC-2002-00989
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00989 INDEX CODE 100.01 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: The DD Form 214 issued upon retirement be changed to reflect the current legal name of “------.” rather than “-----.” _________________________________________________________________ APPLICANT CONTENDS THAT: On 12 February 2002, she...
ARMY | BCMR | CY2014 | 20140015885
The applicant requests, in effect, that her military records be corrected by: a. issuing a corrected DD Form 214 (Certificate of Release or Discharge from Active Duty) with her current name, Matxxxx Jxxx Dxxxx, and Social Security Number (SSN), XXX-XX-XX18; or b. reissuing of a new complete DA Form 1569-E (Transcript of Military Record) incorporating all previous corrections; and c. providing her information under the Freedom of Information Act (FOIA). The applicant provides * two DD...
ARMY | BCMR | CY2007 | 20070003431C071113
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. 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. While the Board understands the applicant's desire to have the...
ARMY | BCMR | CY2009 | 20090019930
The applicant states she is requesting correction of the name and gender recorded in her military records and on her DD Form 214 to her new legal name and gender. All documents and orders on file in the applicant's Official Military Personnel File (OMPF) that contain a name and/or gender show the first name John and gender as male. The fact that subsequent to service the applicant changed her first name and gender does not provide a sufficiently mitigating basis for changing the...
ARMY | BCMR | CY2013 | 20130008160
All were so assigned except one officer the applicant. On 28 August 2010, by letter, the Director of Officer Personnel Management notified the applicant that she was considered for promotion to LTC by the FY 2010 LTC JAG Corps Promotion Selection Board but she was not selected for promotion. Counsel asserts that the applicants assignment to the Environmental Law Attorney position at FORSCOM was an off "due-course" assignment.
ARMY | BCMR | CY2009 | 20090013054
All documents and orders on file in the applicant's Official Military Personnel File (OMPF) that contain a name and/or gender, show the first name Edward and gender as male. However, while the applicant's desire to change the military record to show the name and gender she currently uses is understood, there is insufficient evidence to support granting the requested relief. The fact that subsequent to service the applicant changed her first name and gender does not provide a sufficiently...
ARMY | BCMR | CY2013 | 20130011781
The enlistment documents on file confirm the applicant's first name was P--- and the gender was male at the time. The fact that subsequent to service the applicant changed her first name and gender 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. However, it is concluded that it would be appropriate to issue a Transcript of Military Record (DA Form 1569) in...
ARMY | BCMR | CY2008 | 20080005444
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of her military records to show her current name and sex. ___________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.
ARMY | BCMR | CY2008 | 20080010594
They have advised him that he needs to have his military records completely changed to show his gender as male for them to correct their records. The applicant did not undergo the sex reassignment surgery (from female to male) or change of name until more than 16 years after discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. including in the applicant's official records the fact that as of the 31 January...
CG | BCMR | Other Cases | 2000-151
DEPARTMENT OF TRANSPORTATION BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. The applicant was born male and served in the Coast Guard as a man. The Chief Counsel argued that the Board is barred from granting relief because changing the name on the applicant’s DD 214 from male to female would also require changing her reenlistment code.