IN THE CASE OF:	  

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090019930


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

2.  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.  She further states she is submitting documentation confirming her new name and gender.

3.  The applicant provides the following documents:

* 415th Judicial District, Parker County, TX, Court Order, dated 14 August 2007
* The Medical Council, Thailand letter, dated 8 March 2007
* Dr. Suporn's Clinic, Medical Certificate, dated 1 March 2007
* State of Wyoming Certification of Birth, issued 22 August 2007

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 17 April 1974.  The enlistment documents on file confirm the applicant's first name was John and the applicant's gender was male at the time of enlistment.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record), which was prepared on 25 September 1974 and last audited by the applicant on 
7 September 1978, lists the first name John 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 John and gender as male.

4.  The record also contains a Standard Form (SF) 88 (Report of Medical Examination), dated 3 November 1976, which lists the applicant's first name as John in item 1 (Name) and gender as male in item 7 (Sex).

5.  On 15 April 1977, the applicant was honorably released from active duty (REFRAD), in the rank/grade of specialist four (SP4)/E-4, after completing 2 years, 11 months, and 29 days of active military service.  The DD Form 214 issued to the applicant at the time lists the first name as John in Item 1 (Name) and the applicant authenticated this document with a signature in Item 29 (Signature of Person Being Separated).  The applicant's signature in Item 29 contains the first name John.

6.  The applicant provides a court order issued by the 415th Judicial District, Parker County, TX, a medical certificate issued in Thailand, and a Certification of Birth issued in the State of Wyoming which show the following:

	a.  A physician confirms the applicant's gender is now female instead of male;

	b.  The applicant’s name was legally changed from John H----- C-----. to Jacey D---- C-----; and

	c.  The applicant was treated for the psychiatric condition of gender dysphoria by male-to-female Genital Sex Reassignment Surgery performed and completed in Thailand on 21 February 2007.

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 name and gender has been carefully considered.

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.  For historical purposes, 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record her correct name and gender in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, which confirms her correct name and gender, will be filed in her OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the name and gender recorded in her military record and to satisfy her desire to have her current name and gender documented in her OMPF.

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)                                         AR20090019930



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