IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20110000407 


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 block 2 (Sex) of his DD Form 214 (Report of Separation from Active Duty) to show his sex is male “M” instead of female “F.”

2.  The applicant states that his DD Form 214 incorrectly reflects his sex as female “F” instead of male “M” and the information is vital to his benefits with the Department of Veterans Affairs.

3.  The applicant provides a copy of his DD Form 214 and a Certificate of Birth, dated 13 October 2010.

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 was a female born on 10 December 1951 under the first and middle name of “Patricia Anne.”  She enlisted in the Regular Army in Jacksonville, FL on 12 March 1974 for a period of 3 years, training as a parachute rigger, and assignment to Fort Bragg, NC.

3.  She completed basic training at the Women’s Army Corp (WAC) Training Center at Fort McClellan, AL and advanced individual training (AIT) at Fort Lee, VA while assigned to the WAC Company, Army Quartermaster Center.

4.  Upon completion of AIT the applicant was assigned to the WAC Company, Headquarters Command at Fort Bragg with duty at the 600th Quartermaster Company.  The applicant was advanced to the rank/grade of specialist four (SP4)/E-4 on 1 March 1975.

5.  On 10 June 1975, the Superior Court of Cumberland County, NC approved a change in the applicant’s first and middle name from “Patricia Ann” to “Patt A.”

6.  On 12 January 1976 the applicant’s commander notified the applicant that he was initiating discharge action under the provisions of Army Regulation 635-200, paragraph 5-3.  He cited as the basis for his recommendation that it was in the best interest of the military that the applicant be discharged due to the physical changes that were occurring to the applicant (due to hormone treatments) relating to changing from a female to a male and her expressed desire to a doctor that she wanted to enter a program that would lead to a sex change.

7.  The applicant voluntarily consented to the discharge and elected not to submit a statement in her own behalf.

8.  The recommendation for discharge was approved by the Department of the Army, Deputy Chief of Staff for Personnel on 5 February 1976.

9.  Accordingly, the applicant was honorably discharged on 23 February 1976 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-3 and Secretarial Authority.  The applicant had completed 1 year, 11 months, and 12 days of total active service.  The DD Form 214 issued at the time of her discharge shows her sex in block 2 as “F” (female).

10.  All of the documents contained in the applicant’s official records, to include those completed by the applicant, indicate that the applicant was a female during the time the applicant served in the Army.


11.  The Certificate of Birth provided by the applicant was issued on 13 October 2010 and indicates that the applicant is a male.

12.  Army Regulation 635-5 (Personnel Separations - 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.  It states that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.  Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was a female at the time of enlistment and throughout the entire period of service covered by the 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.  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 his gender as a male in his 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 his application and the supporting evidence he provided, which confirms his sex is now “male,” will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the sex recorded in his military record and to satisfy his desire to have his current gender documented in his OMPF.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


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)                                         AR20110000407



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ABCMR Record of Proceedings (cont)                                         AR20110000407



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