IN THE CASE OF:	  

		BOARD DATE:	  19 December 2013

		DOCKET NUMBER:  AR20130007222 


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 a change of gender marker in all Department of Defense records from female to male.

2.  The applicant states that he has legally and surgically transitioned to the male gender.

3.  The applicant provides a court order, dated 4 February 2013, for change of gender and amendment of Birth Certificate.

CONSIDERATION OF EVIDENCE:

1.  On 9 June 1989, the applicant enlisted in the U.S. Army Reserve (USAR) as a female.  On 16 February 1992, the applicant enlisted in the Regular Army as a female and served until being honorably discharged on 26 August 1996 to enter an officer training program. 

2.  The applicant enlisted in the Reserve Officers’ Training Corps (ROTC) program and was commissioned as a USAR second lieutenant on 8 May 1998.  The applicant served in a variety of USAR and Army National Guard assignments and entered active duty in the Active Guard Reserve (AGR) program on 11 October 2008.  

3.  On 26 July 2011, the applicant submitted a request to change her first name in her military records from “Angela” to “Evan.”  She provided a court order dated 
19 July 2011 changing her name and her request was approved.  The applicant was promoted to the rank of major on 1 December 2011.

4.  On 29 January 2013, the applicant was honorably retired by reason of disability, permanent (Enhanced).  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects her name change.

5.  On 4 February 2013, the applicant received a court order directing a change in her gender from female to male and the issuance of a new birth certificate.

6.  Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214.  It provides, in pertinent part, that information on the DD Form 214 will be extracted from official records in effect at the time of separation.

7.  Title 10, U.S. Code, section 1552 states the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be changed to reflect his gender as male.  However, contrary to the applicant's contention, the fact that his gender in his military records is different than the gender he currently uses does not necessarily constitute an error.

2.  The evidence of record shows the applicant enlisted and was commissioned, served, and was honorably retired under the female gender.  There is no evidence of record or independent evidence that suggests the gender recorded in his military records exhibits a material error or injustice.  The evidence shows that she had her name changed while on active duty but did not have her sex changed until after her discharge.

3.  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.  While it is understandable the applicant desires to now record his current gender in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

4.  However, the Board recognizes, in this case, that the applicant may incur difficulties associated with official documents showing different genders and different names.  As a result, as a matter of compassion the applicant should be issued a Transcript of Military Record, in his current male name and gender, as legally changed while on active duty showing his honorable service from           11 October 2008 to 29 January 2013.  This document is intended solely for the purpose of identifying himself to agencies who will not accept his DD Form 214.  

5.  The applicant is advised that a copy of this decisional document which confirms his current gender will be filed in his Army Military Human Resource Record (AMHRR).  This should serve to clarify any questions or confusion in regard to the difference in the gender recorded in his AMHRR and to satisfy his desire to have his correct gender documented in his AMHRR.

6.  This Board has authority only to change Army records; it has no jurisdiction to change Department of Defense records.

7.  In view of the forgoing, the applicant’s records should be corrected but only as recommended below. 

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 issuing the applicant a Transcript of Military Service in the name of Evan F. Y---g, male, showing his honorable service from 11 October 2008 to 29 January 2013.

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 his sex in his military records.  


      _______ _   _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)                                         AR20130007222



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ABCMR Record of Proceedings (cont)                                         AR20130007222



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