IN THE CASE OF:
BOARD DATE: 21 MAY 2009
DOCKET NUMBER: AR20090000065
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 his name be changed from Robert W.
G___ to Kathryn V______ W_____ on her military records and on her DD Form 214 (Certificate of Release or Discharge from Active Duty) issued in 1986.
2. The applicant states that her name was legally changed on 2 February 2004.
3. The applicant provides a copy of her legal name change documents, a DD Form 1172 (Application for Uniformed Service Identification Card DEERS Enrollment), and an Application for Replacement of 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 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 evidence of record shows that the applicant enlisted in the Regular Army on 31 August 1965 as a male. The applicant will therefore be referred to as a male in this portion of the Proceedings. The applicant served continuously until he was honorably retired on 31 January 1986.
3. The applicant provided a copy of his legal name change documents that verifies his name was legally changed to Kathryn V_______ W_____ on
2 February 2004.
4. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that at the time the applicant retired from the Army, on 31 January 1986, the applicants name was Robert W. G___. The applicants name change did not occur until 18 years after the issuance of her DD Form 214. Therefore, the name contained in the applicant's records and on her DD Form 214 is correct as constituted.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 understandable that the applicant desires to have her name changed on her military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decision document along with her application and the supporting evidence she provided, which confirms her legal name change, will be filed in her Military Personnel Records. This should serve to clarify any questions or confusion in regard to her name recorded in her military records.
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) AR20090000065
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090000065
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110010667
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of the DD Form 214 (Report of Separation from Active Duty) to show to show a name of "J_____ W_____ P____" instead of "B_____ K______ D_____" and to show the gender as male instead of female. The applicant states the DD Form 214 should reflect the name change and sex change.
ARMY | BCMR | CY2013 | 20130012745
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * Self-authored statements, dated 29 June 2013 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Court order, dated 27 July 2010 * Physician's letter, dated 20 July 2011 CONSIDERATION OF EVIDENCE: 1. The applicant used this name throughout the period of military service; therefore, there is no error in the applicant's military records to correct.
ARMY | BCMR | CY2008 | 20080003161
The applicants complete military records are not available to the Board. A DA Form 2496 (Disposition Form), dated 13 May 1982, in the applicants service personnel records, recommends removal of his bar to reenlistment and his rank is shown as PFC. Department of the Army, U.S. Army Reserve Personnel Center, St. Louis, Missouri Orders D-02-012346, dated 18 February 1986, discharged the applicant from the Ready Reserve effective 19 February 1986 in the rank of SP4.
ARMY | BCMR | CY2014 | 20140002444
Item 1 (Name - Last, First, Middle) of his DD Form 4 (Enlistment Contract-Armed Forces of the United States) shows the name of Jerome Travis W_____ Jr. All of the official documents contained in his Official Military Personnel File (OMPF) show his last name, first name, and middle name as W_____, Jerome Travis Jr. 3. The fact that subsequent to service the applicant underwent a name change does not provide a sufficiently mitigating basis for changing the information recorded in the military...
ARMY | BCMR | CY2014 | 20140000386
The applicant requests, in effect, his military records be changed to show his name as C_____ S_____ W_____. __________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) AR20140000386 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140000386 3 ARMY BOARD FOR CORRECTION...
ARMY | BCMR | CY2008 | 20080006855
Application for correction of military records (with supporting documents provided, if any). The applicant requests that her last name be changed on her military records. 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.
ARMY | BCMR | CY2008 | 20080016490
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his last name as F_____. His DD Form 47 (Record of Induction) shows his last name as W_______. _______ _ 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.
ARMY | BCMR | CY2013 | 20130007222
The applicant contends that his military records should be changed to reflect his gender as male. The evidence of record shows the applicant enlisted and was commissioned, served, and was honorably retired under the female gender. While it is understandable the applicant desires to now record his current gender in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
ARMY | BCMR | CY2014 | 20140004880
The applicant provides a DD Form 214. The issue presented in this case is similar to the issue addressed by the Air Force Board for Correction of Military Records (AFBCMR) in a 2004 decision that provided a transgender veteran the relief requested with regard to a name change to the veteran's DD Form 214. The Board is correct to conclude that because an applicant's DD Form 214 correctly reflects the name of the applicant "during the period of the applicant's service," no amendment of the...
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...