IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110010667
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 the DD Form 214 (Report of Separation from Active Duty) to show to show a name of "J_____ W_____ P____" instead of "B_____ K______ D_____" and to show the gender as male instead of female.
2. The applicant states the DD Form 214 should reflect the name change and sex change.
3. The applicant provides:
* two State of New Jersey birth certificates
* a letter from a surgeon
* a State of North Carolina Order and Certificate of Name Change
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's records show the applicant enlisted in the USAR under the Delayed Entry Program (DEP) on 22 February 1977 and in the Regular Army on 25 October 1977. Item 1 (Name - Last, First, Middle) of the DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows the name "B_____ K______ P____."
3. On 23 September 1978, the applicant married and officially changed the last name from "P____" to "D_____."
4. The applicant's records contain various personnel, finance, medical, and other documents, including an application for an identification card, a report of medical examination, separation orders, insurance documents, and various other documents that show the applicant's name as "B_____ K______ D_____" and the gender as that of a female. Some of these forms are authenticated by the applicant using this name.
5. The applicant was honorably discharged in the rank/grade of private first class/E-3 on 19 April 1979. Item 1 (Name) of the DD Form 214 shows the name as "B_____ K______ D_____" and item 2 (Sex) shows the entry "F" indicating the gender as that of a female at the time of discharge.
6. The applicant submitted a:
a. New Jersey State Department of Health Certification of Birth Record issued on 4 January 1977 that shows the applicant was born as a female on
10 October 1959 and was given the name "B_____ K______ P____."
b. Letter from a medical doctor, dated 17 May 2007, certifying the applicant underwent successful male gender reassignment surgery and is now a fully functional male.
c. State of North Carolina Order and Certificate of Name Change, dated 7 November 2003, which shows the applicant's name was legally changed from "B_____ K______ D_____" to "J_____ W_____ P____."
d. State of New Jersey, Department of Health and Senior Services, Certificate of Birth, issued 17 March 2005, which shows the applicant's name as "J_____ W_____ P____" and the sex as male.
7. 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. In 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 contends the DD Form 214 should be corrected to show the current name and gender.
2. The evidence of record shows that upon enlistment in the DEP on 22 February 1977 and subsequent enlistment in the RA on 25 October 1977, the applicant listed the name of "B_____ K______ P____." Following marriage the applicant's name and gender are consistent with the name and gender on every document in the service record.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicant's name or gender in this case.
4. A copy of this decisional document will be filed in the service records. This should serve to clarify any questions or confusion regarding the different name and gender, and adequately document the applicant's current name and gender in the record.
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) AR20110010667
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ABCMR Record of Proceedings (cont) AR20110010667
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