BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110003602
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to change her name from "T____ M____ H____ IV" to "R____ I____ A____."
2. She states she legally changed her name after undergoing gender reassignment and it is embarrassing to have a male name reflected on her DD Form 214 or past Department of Veterans Affairs record.
3. She provides a judgment of name change, medical certificate, certification of her doctor's registration with the Medical Council of Thailand, and her DD Form 214.
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. A review of the applicant's official military personnel file shows she enlisted and served in the Regular Army under the name "T____ M____ H____ IV." She was honorably released from active duty on 20 December 1991 and transferred to the U.S. Army Reserve (USAR) to complete her service obligation. She was honorably discharged from the USAR on 20 August 1996, also under the name "T____ M____ H____ IV."
3. Item 1 (Name (Last, First, Middle) of her DD Form 214 shows the entry "H____, T____ M____ IV."
4. She provides:
* a judgment of name change showing a court granted her petition to change her name from "T____ M____ H____ IV" to "R____ I____ A____" on 10 January 2008
* a medical certificate showing she underwent gender reassignment surgery in Thailand on 13 January 2009
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant only used the name "T____ M____ H____ IV" during her period of Army service and changed her name to "R____ I____ A____" many years after she was discharged.
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. 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 record her current name 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 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 name she used during her military service and the name she currently uses.
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 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.
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