IN THE CASE OF:	  

		BOARD DATE:	        02 December 2008

		DOCKET NUMBER:  AR20080015753 


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 her first and middle names from "Brad---- Kee" to "Lor--- Pri------."

2.  The applicant states that she has legally changed her name following gender reassignment surgery from male to female.

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

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 26 August 1969. 

	b.  Medical statement, dated 12 November 2007, certifying her gender reassignment surgery.

	c.  Legal Decree Changing Name (Change of Name), dated 13 March 2007.

	d.  Copy of U.S. Passport, issued on 26 December 2007.

	e.  Certificate of Live Birth, dated 20 November 1949.

	f.   Copy of Social Security card.

	g.  Copy of Drivers License.

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 she enlisted in the Regular Army as a male for a period of 3 years on 16 December 1966.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Record-Armed Forces of the United States) shows her first and middle names as "Brad---- Kee---."  She authenticated this form by placing her signature in Item 41 (Oath of Enlistment) using his first and middle names as "Brad---- Kee---."

3.  Item 1 (Name) of the applicant's DA Form 20 (Enlisted Qualification Record), created on 30 December 1966 (and audited on 21 August 1969) shows the applicant's first and middle names as "Brad---- Kee---."  She authenticated this form by placing her signature in Item 47 (Signature of Individual) using her first and middle names as "Brad---- Kee---."

4.  On 3 August 1967, the applicant completed a DD Form 398 (Statement of Personal History) and listed her first and middle names as "Brad----Kee---" in Item 1 (First Name, Middle Name, Last Name).  She authenticated this form by placing her signature in Item 20 (Signature of Person Completing This Form) using her first and middle names as "Brad---- Kee---."

5.  The applicant's medical, dental, and personnel records, created on miscellaneous dates throughout her military service, and authenticated by the applicant on miscellaneous dates, show she was a male using the first and middle names of "Brad---- Kee---."

6.  The applicant's records show she was honorably discharged as a male on 26 August 1969.  The DD Form 214 she was issued at the time shows she completed 2 years, 8 months, and 11 days of creditable active Federal service.  This form also shows her first and middle names as "Brad---- Kee---."  She authenticated this form by placing her signature in Item 32 (Signature of Person Being Transferred or Discharged) using her first and middle names as "Brad---- Kee---."

7.  The applicant submitted a medical statement, dated 12 November 2007, certifying that she was formerly known as "Brad---- Kee---"and that she underwent a gender reassignment surgery from male to femal, and is qualified to be considered a female.  

8.  The applicant submitted a court order, issued by the Superior Court of California, County of San Diego on 13 March 2007, granting her a legal name change from "Brad---- Kee---" to "Lor--- Pri------."

9.  The applicant also submitted copies of her US passport, social security card, and driver's license, all showing her first and middle names as "Lor--- Pri------." 

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 correction of her first and middle names from        "Brad---- Kee---" to "Lor--- Pri------."

2.  The evidence of record shows the applicant enlisted and served as a male using the first name and middle names "Brad---- Kee---" throughout her military career.  Her service records are consistent with the gender and name she 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 her Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the different names, and adequately document her first and middle name and gender change in her 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.




      _______ _ 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.



ABCMR Record of Proceedings (cont)                                         AR20080015753





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ABCMR Record of Proceedings (cont)                                         AR20080015753



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