IN THE CASE OF:
BOARD DATE: 25 April 2013
DOCKET NUMBER: AR20120018126
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 (Armed Forces of the United States Report of Transfer or Discharge) to reflect her current name.
2. The applicant states she had gender reassignment surgery and she is now legally 100 percent female. Her legal name is now a female name.
3. The applicant provides:
* DD Form 214
* State of Arizona Superior Court Order granting a 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 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 applicant enlisted in the Regular Army on 26 September 1967 under the name of Sxxxxx Lxxxx Mcxxxxx. This individual was also identified as a male throughout of the period of active duty.
3. The applicant was honorably released from active duty in pay grade E-5 on 2 August 1971 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).
4. Item 1 (Name (Last Name, First Name, Middle Name) of the applicant's DD Form 214 shows the name the applicant served under.
5. The applicant provides a copy of an Order Changing Name, dated 26 February 2007, which shows the applicant legally changed her name to Jxxxx Kxx on that date.
6. The military documents that are on file in the applicant's Army Military Human Resource Record show she served and was released from the Army under the name shown on her DD Form 214. There is no evidence in her service personnel records to show she legally changed her name while she served in the Army.
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 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 served in and was separated in the name that is shown in the records and on her DD Form 214. The name change was effected subsequent to separation. Therefore, her military records and DD Form 214 are correct as currently constituted and, as a result, there is no basis for granting her the requested relief.
2. While her desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records. For historical purposes, the Army has an interest in maintaining the integrity 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.
3. These Proceedings will be filed in the applicants Army Military Human Resource Record to clarify any confusion between her current name and the name she used while in the Army.
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) AR20120018126
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