IN THE CASE OF:	  

		BOARD DATE:	  28 August 2008

		DOCKET NUMBER:  AR20080011194 


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, in effect, that the name contained in her Official Military Personnel File (OMPF) and separation document (DD Form 214) be changed.

2.  The applicant states, in effect, that she no longer identifies with the name reflected in her OMPF and on her DD Form 214, and therefore feels that all service records are in error.  She also states that the name listed in her OMPF and DD Form 214 adversely affects her quality of life and prevents her from doing civic services such as the American Legion.  She further states that she is now requesting that her OMPF be corrected to show the name she now identifies with and that she be issued a new DD Form 214 reflecting this name.

3.  The applicant provides the following documents in support of her application:  Request Pertaining to Military Records (SF 180); Department of Veterans Affairs (VA) Letters, dated 7 October 1997, 12 December 2000, and 14 February 1998; Medical Information Authorization; Virginia Drivers License; and Social Security Card.

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 military records show that the applicant initially entered the Army on 15 January 1980 as a male, and continually served until being honorably discharged on 21 November 1985, after completing 5 years, 
10 months, and 7 days of active military service.  The DD Form 214 issued to the applicant on 21 November 1985, contains the name consistent with the name documented in the enlistment contract, service record created upon enlistment, and in the records and documents prepared and published throughout the applicant's active duty tenure.  

3.  The applicant provides letters from a Clinical Psychologist, Neuropsychologist and Chief Endocrinology at the VA, dated in 1997, 1998, and 2000.  These documents all confirm the applicant was under doctor's care and was being treated with hormone replacement therapy for a gender change into the female role.  

4.  The applicant also provides a copy of her Driver's License and Social Security Card, which both reflect the name now used by the applicant.  The Driver's License also reflects her gender as female.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s desire to have the name and gender recorded in the military records changed to reflect the current name and gender is noted and understood.  However, there is an insufficient evidentiary basis to grant the requested relief.  

2.  The applicant enlisted, served, and was separated from the Army in the name and male 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.  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.  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 showing different genders and names is recognized.  As a result, it is concluded that 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 her current female gender, as was legally declared as evidenced by the applicant's current Driver's License and Social Security Card.  This document reflecting the applicant’s current name and gender will be filed in the applicant’s Official Military Personnel File (OMPF) in order to clarify her 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 

___x____  ___x____  ____x___  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 on her Social Security Card and Driver's License and by filing the DA Form 1569 documenting the military service performed from 15 January 1980 through 21 November 1985 in the Official Military Personnel File (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.



      ________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)                                         AR20080011194



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ABCMR Record of Proceedings (cont)                                         AR20080011194



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