IN THE CASE OF:
BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110011148
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 item 2 (Sex) of her DD Form 214 (Report of Separation from Active Duty) be corrected to show "Female/F."
2. The applicant states she is not a man and has been a female from birth. In addition, her male relatives are trying to steal and make false records.
3. The applicant provides no additional evidence.
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 applicants 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 applicants 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 records show her sex is listed as a "Female/F" on the majority of the documents, to include:
* DD Form 1966 (Application for Enlistment), item 5
* DD Form 4 (Enlistment Contract), item 45, dated 24 October 1975
* Armed Forces Finger Print Card, signed 29 October 1975
* Standard Form 88 (Report of Medical Examination), item 7, date of examination, 25 February 1976
3. The applicant was placed on the Temporary Disability Retired List on 20 May 1976. Item 2 of her DD Form 214 shows the entry for a male which is "M."
4. 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. It states that the DD Form 214 is a synopsis of the Soldiers 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 requests item 2 of her DD Form 214 be corrected to show "Female."
2. The evidence of record clearly shows the applicant entered military service and served her entire period of service as a female. As a result, it would be appropriate to correct her DD Form 214, ending on 19 May 1976, to show her sex as a Female (F).
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 current entry in item 2 of her DD Form 214 and adding the entry "F."
_______ _ __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) AR20110011148
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110011148
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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