IN THE CASE OF:
BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110021133
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 the name and gender documented in the military records be changed.
2. The applicant states the record should be corrected to show the new legally changed name and a gender of female.
3. The applicant provides a Social Security Card in support of the application.
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. The record shows the applicant enlisted in the Texas Army National Guard (TXARNG) 15 August 1989. The enlistment documents on file confirm the applicant's first name was Alexander and the gender was male at the time.
3. The applicant's DA Form 2-1 (Personnel Qualification Record), which was prepared and last reviewed by the applicant on 4 March 1990, lists the first name Alexander in item 1 (Name). All documents and orders on file in the applicant's Official Military Personnel File (OMPF) that contain a name and/or gender, show the first name Alexander and male gender.
4. On 14 August 1992, the applicant was honorably discharged from the TXARNG, in the rank/grade of private first class/E-3, after completing 3 years of military service. The NGB Form 22 (Report of Separation and Record of Service) issued to the applicant at the time lists the first name as Alexander in item 1 (Name).
5. The applicant provides a Social Security Card showing a new first name of Zandra.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the first name and gender in the military records should be changed to reflect a new first name and a gender of female has been carefully considered. However, while the applicant's desire to change the military record to show the name and gender currently used is understood, there is insufficient evidence to support this claim.
2. The applicant enlisted, served, and was separated under the name and gender she now wants changed. The fact that subsequent to service the applicant changed the first name and gender used does not provide a sufficiently mitigating basis for changing the information recorded in the military records, which was correct at the time the applicant performed military service.
3. 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. While the Board understands the applicants desire to have the records changed, it finds no compelling reason for compromising the integrity of the Armys records at this time.
4. This decisional document, will be filed in the applicants Official Military Personnel File (OMPF). This should clarify the applicant's current use of a first name and gender that are different than those recorded in the military record, and should assist in avoiding any confusion and conflict in the record that could result from the applicant's current use of a different name and gender.
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) AR20110021133
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021133
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