IN THE CASE OF:	   

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120019931 


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 "L--- B---- H-----" vice
"B--- W------ H-----."

2.  The applicant states the name on her DD Form 214 is no longer valid.  She retired from the Regular Army in June 1995 with an honorable discharge.  In December 2005 she was diagnosed with Gender Identity Disorder and legally changed her name in September 2008.  Despite receiving confirmation that her military records had been updated with her new name, her DD Form 214 had not been changed.  When applying for jobs she has to submit her DD Form 214 and feels as though anyone could easily discriminate against her and she would not even know it or be able to prove it.  She does not believe she should have to expose her innermost medical problems when submitting her military experience for employment.

3.  The applicant provides:

* DD Form 214
* Driver License issued on 21 September 2009
* Social Security card issued on 10 September 2009
* her letter to a Member of Congress (MOC), dated 27 September 2009
* an Information Paper, dated 30 October 2009
* DD Form 1343 (Notification of Change in Service Member's Official Records)


* Form 25.4 (Entry Approving Name Change), dated 10 September 2009
* a letter from a psychologist, dated 17 December 2005

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.  The applicant enlisted in the Regular Army on 30 May 1979.  Item 1 (Name (Last, First, Middle)) of the applicant's DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the name
"H-----, B--- W------."

3.  On 31 May 1995, the applicant voluntarily retired from service.  Item 1 (Name (Last, First, Middle)) of the applicant's DD Form 214 shows the name
"H-----, B--- W------."

4.  The applicant provides a letter to an MOC that addresses the applicant's medical diagnosis of Gender Identity Disorder and the difficulties associated with applying for employment.

5.  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's request to correct the DD Form 214 to show her current name was carefully considered.

2.  The evidence of record shows the applicant enlisted in the Army under the name "B--- W------ H-----."  This full name consistently appears throughout the applicant's period of service.  The requested name does not appear in these records.

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 name in this case.

4.  The difficulty the applicant is experiencing associated with official documents showing a different name is recognized.  As a result, it is concluded that it would be appropriate to issue a DA Form 1569 (Transcript of Military Record) in the interest of equity, and in order to ensure that the applicant suffers no injustice as a result of the information on file in the military record.  

5.  The DA Form 1569 should be issued in the applicant's current name, which reflects her current female gender, as was legally declared as evidenced by the applicant's current driver license and court documents.  This document reflecting the applicant’s current name will be filed in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF) in order to clarify her current name and to avoid any confusion and conflict in the record that could result from these changes.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by providing the applicant a DA Form 1569 in the name legally declared on her driver license and by filing the DA Form 1569 documenting her military service in her AMHRR.
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the applicant's name on the DD Form 214 to read "L--- B---- H-----."



      ____________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)                                         AR20120019931



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ABCMR Record of Proceedings (cont)                                         AR20120019931



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