IN THE CASE OF:	  

		BOARD DATE:  17 April 2012

		DOCKET NUMBER:  AR20110019856 


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) for the period ending 31 May 1987 to show:

* the name of "Joan B----y" instead of "John E----d B----y"
* the gender as "female" instead of "male"

She further requests the Department of Veterans Affairs (VA) be notified of this action

2.  The applicant states:

* she was diagnosed with gender identity disorder
* her name was changed by a court order in February 2007
* her gender was changed after a surgical procedure in January 2009
* all her official documents, including U.S. Passport, State Driver License, Social Security Card, and other documents reflect the change
* the current mismatch makes it difficult for her to receive VA benefits

3.  The applicant provides:

* Medical document of gender identity disorder diagnosis
* State order of name change
* Cosmetic surgery statement
* 
Gender reassignment letter
* Certificate of Live Birth

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.  Having had prior active service, the applicant enlisted in the Regular Army on 30 July 1969.  Item 5 (Name - Last, First, Middle) of the applicant's DD Form 4 (Enlistment Contract-Armed Forces of the United States) shows the name "John E----d B----y" and item 45 (Sex) lists the gender as "M (Male)."  The applicant authenticated this form by placing this name in the signature bock.

3.  The applicant served through several reenlistments in the Regular Army, using this same name and gender, in a variety of stateside and/or overseas assignment.  The applicant attained the rank/grade of first sergeant (1SG)/E-8.

4.  The applicant's records contain various personnel, finance, medical, and other documents.  These documents include several applications for an identification card; several reports of medical examination; multiple reassignment, promotion, and separation orders; insurance documents; and various other documents that show the applicant's name as "John E----d B----y," and the gender as that of male.  Several of these forms are authenticated by signature in the appropriate block, as required, using the name "John E----d B----y."

5.  The applicant was retired for length of service on 31 May 1987 and placed on the retired list in the rank/grade of 1SG/E-8 on 1 June 1987.  Item 1 (Name) of the applicant's DD Form 214 shows the name "John E----d B----y."

6.  The applicant submitted:

* a medical document, dated 21 May 2007, that states the applicant was diagnosed with gender identity disorder in January 2006
* a State order changing name, dated 27 February 2007, approving the applicant's name change to "Joan B----y"
* a medical document, dated 13 February 2009, from a cosmetic surgery clinic certifying the applicant underwent sex reassignment surgery
* a medical document, dated 1 May 2009, certifying the applicant is now considered a female
* a birth certificate, issued on 13 April 2011, showing the name "Joan B----y"

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 evidence of record shows that upon the applicant's enlistment in the Regular Army and the applicant's subsequent reenlistments, the applicant listed the full name as "John E----d B----y" and the gender as "male."  The full name and gender are consistent with the full name and gender on several documents in the service record throughout the applicant's entire military service.  The applicant did not use the requested name or gender during her military service.

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 her changed name and gender 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, which confirms her changed name and gender, will be filed in her Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name and gender recorded in her military record and to satisfy her desire to have her changed name and gender documented in her OMPF.
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)                                         AR20110019856





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ABCMR Record of Proceedings (cont)                                         AR20110019856



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