IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110020133
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 show:
* her name as "D____ M____ G____" vice "K____ R____ G____"
* her gender as "female" vice "male"
2. The applicant states her present name is "D____ M____ G____" and she is female. She needs her name and gender changed in her records as this issue causes significant problems with the treatment she receives at the Department of Veterans Affairs hospital.
3. The applicant provides her DD Form 214 and a State 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. In conjunction with the applicant's enlistment in the Regular Army (RA), the applicant underwent a physical examination on 11 August 1983. The Standard Form 88 (Report of Medical Examination) shows the applicant's name as "K____ R____ G____" and gender as "male."
3. The applicant enlisted in the RA on 7 December 1983 and held military occupational specialty 11H (Heavy Anti-Armor Weapons Infantryman). Item 1 (Name Last, First, Middle) of the applicant's DD Form 4 (Enlistment/
Reenlistment Document Armed Forces of the United States) shows the name "K____ R____ G____." The applicant authenticated this form by placing this name in the signature bock.
4. The applicant's records contain various personnel, finance, medical, and other documents. These documents include several DA Forms 2A (Personnel Qualification Record), an application for an identification card, assignment and promotions orders, separation orders, insurance documents, and various other documents that show the applicant's name as "K____ R____ G____" and gender as "male." Several of these forms were authenticated by the applicant with a signature in the appropriate block using the name " K____ R____ G____."
5. The applicant was honorably released from active duty on 6 December 1986 and transferred to the U.S. Army Reserve. Item 1 (Name Last, First, Middle) of the applicant's DD Form 214 shows the name "K____ R____ G____."
6. The applicant provides a State order and certificate of name change, dated 23 September 2002, approving the applicant's name change to "D____ M____ G____."
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. It states 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 her DD Form 214 should be corrected to show:
* her name as "D____ M____ G____" vice "K____ R____ G____"
* her gender as "female" vice "male"
2. The evidence of record shows upon the applicant's enlistment in the RA, the applicant's full name was listed as "K____ R____ G____" and gender as "male." This full name and gender are consistent with the full name and gender on numerous documents in the applicant's service record throughout the applicant's military service. The applicant did not use the requested name or gender during the applicant's military service.
3. The Army has an interest in maintaining the accuracy 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 full name or gender in this case.
4. Nevertheless, a copy of this decisional document will be filed in the applicant's service records. This should serve to clarify any questions or confusion regarding the different names and gender and adequately document the current name and gender in the applicant's 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 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) AR20110020133
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110020133
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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