BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100011677 


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 reconsideration of an earlier request to correct her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her new first and middle names.  She also requests item 16 (High School Graduate or Equivalent) of her DD Form 214 be corrected to show "YES" instead of "NO," which is a new issue.

2.  The applicant states, in effect:

* she underwent surgical gender reassignment from male to female and she would like her records corrected
* her legal name was changed from "E____ S____ M____" to "J____ E____ S____ M____"
* she wasn't meant to live as a male
* she received her graduation certificate while in the service in South Korea

3.  The applicant provides:

* DD Form 214
* birth certificate
* high school equivalency certificate
* final decree for change of name
* medical information authorization



CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090013054 on 4 February 2010.

2.  The birth certificate, high school equivalency certificate, and final decree for change of name provided by the applicant are new evidence that will be considered by the Board.

3.  The applicant's enlistment documents show the first and middle names "E____ S____."  The applicant enlisted in the Regular Army on 26 June 1980 for a period of 3 years.  The applicant served as a bridge specialist in Korea from 12 October 1980 to 26 August 1981.  The applicant was honorably released from active duty on 27 August 1981 under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-31h(1), under the Expeditious Discharge Program for failure to maintain acceptable standards for retention.

4.  Item 1 (Name) of the applicant's DD Form 214 shows the first and middle names "E____ S____."  Item 16 of the DD Form 214 shows an "X" in the "NO" box.

5.  All of the applicant's service personnel records show the first and middle names "E____ S____" and the gender as male at the time.

6.  The applicant's service personnel records contain a letter, dated 19 May 1981, from the Education Services Officer at the Camp Pelham Army Education Center in Korea.  This letter states the applicant achieved standard scores or higher on the General Educational Development (GED) tests.  This letter also states, "The Soldier named has achieved GED tests which qualify him/her for promotion, reenlistment, and selection for military schooling.  These test results are either recognized by the current high school contract institution or his/her state of residence.  The Soldier has been counseled as to the exact requirements for the award of a high school diploma or state GED certificate."

7.  In support of her name change, the applicant provided a birth certificate which shows the altered first and middle names "J____ E____ S____" and gender as female.  The final decree for change of name, dated 24 August 2007, shows the applicant's first and middle names were changed to "J____ E____ S____."

8.  In support of her claim to change item 16 of the DD Form 214, the applicant provided a high school equivalency certificate, dated 22 January 1981, which shows she successfully completed the high school-level tests for GED and other State requirements promulgated by the Illinois State Board of Education as authorized by the statutes of the State of Illinois.  The name on this certificate appears to be altered.  The last name is typed and the initials "J.E.S." are handwritten.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It 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's service personnel records show the first and middle names "E____ S____."  It appears she appropriately served on and was released from active duty under the first and middle names "E____ S____."  She did not change her first and middle names until 2007, 26 years after her release from active duty.  While it is understandable that the applicant desires to have the records changed to reflect her current name of "J____ E____ S____," there is no basis for compromising the integrity of the Army's records, in particular, the applicant's DD Form 214.

2.  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.  There is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record her current first and middle names in her military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided which confirms her current first and middles names, will be filed in her official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference in the first and middle names recorded in her military record and to satisfy her desire to have her current first and middle names documented in her records.

4.  The letter from the Education Services Officer at Camp Pelham Army Education Center in Korea, dated 19 May 1981, which shows the applicant achieved standard scores or higher on the GED tests, is accepted as sufficient evidence on which to amend item 16 of the DD Form 214 to show she was a high school graduate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  With regard to the applicant's request to amend item 16 of the DD Form 214 to show she was a high school graduate, the Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the "X" in the "NO" box in item 16 of the DD Form 214 and adding an "X" in the "YES" box.

2.  With regard to the applicant's request for reconsideration, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090013054, dated 4 February 2010.




      ___________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)                                         AR20100011677



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ABCMR Record of Proceedings (cont)                                         AR20100011677



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