IN THE CASE OF:	

		BOARD DATE:	4 February 2010  

		DOCKET NUMBER:  AR20090013054 


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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her new name and gender.

2.  The applicant states, in effect, she underwent a complete and total sex change from male to female and she would like her record corrected accordingly.

3.  The applicant provides the following documents in support of her application:  Colorado Department of Revenue Medical Information Authorization (Change of Sex Identification), Medical Examination Report for Commercial Driver Fitness Determination, Medical Examiner's Certificate, Colorado Commercial Driver License, Department of Veterans Affairs (VA) Card, Social Security Card, and Colorado Registration/Ownership Tax Receipt.

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 record shows the applicant enlisted in the Regular Army (RA) on 26 June 1980.  The enlistment documents on file confirm the applicant's first name was Edward and her gender was male at the time.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record), which was prepared on 1 July 1980 and last audited by the applicant on 15 October 1980, lists the first name Edward in item 1 (Name).  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.

4.  The record also contains a Standard Form (SF) 88 (Report of Medical Examination), dated 25 April 1980, which list the applicant's first name as Edward in item 1 (Name) and gender as male in item 7 (Sex).

5.  On 27 August 1981, the applicant was honorably released from active duty (REFRAD), in the rank/grade of private (PV1)/E-1, after completing 1 year,
2 months, and 2 days of active military service.  The DD Form 214 issued to the applicant at the time lists the first name as Edward in Item 1 (Name) and applicant authenticated this document with a signature in Item 32 (Signature of Person Being Transferred or Discharged).  The applicant's signature in Item 32 contains the first name Edward.

6.  The applicant provides a change of sex identification form from the Colorado Department of Revenue, dated 30 August 2007, in which a physician confirms the applicant's gender is now female instead of male, and that her first and middle names are now Jill E. S------ instead of Edward S----.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the first and middles names and gender listed in her military records and DD Form 214 should be changed to reflect her new identity was carefully considered.  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.

2.  The applicant enlisted, served, and was separated under the name and gender she now wants changed.  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.

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 the Board understands the applicant’s desire to have the records changed, it finds no compelling reason for compromising the integrity of the Army’s records at this time.  

4.  This decisional document, along with the documents submitted with the application, will be filed in the applicant’s Official Military Personnel File (OMPF). This should clarify the applicant's current use of first and middle names, and a gender that are different than those recorded in the record, and should assist in avoiding any confusion and conflict in the record that could result from the applicant's current use of a different name and gender.  Had the applicant provided medical evidence confirming that she actually underwent medical therapy for a gender change into the female role, although it still would not result in a change to the military record, it is possible the Board would have recommended a Transcript of Military Record (DA Form 1569) be issued reflecting the applicant's current name and gender.

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)                                         AR20090013054



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ABCMR Record of Proceedings (cont)                                         AR20090013054


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