IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130008893
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 his DD Form 214 (Report of Separation from Active Duty) to show his:
* name as D. L. W _ _ _ _
* Sex as male
* Rank as private first class, pay grade E-3
2. The applicant states his birth certificate is proof of his name and sex. He contends that he held pay grade E-3 at the time of his discharge.
3. The applicant provides copies of:
* DD Form 214
* Letter from the Texas Department of State Health Services, dated 2 February 2012
* State of Texas Certification of Vital Record, issued on 2 February 2012
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. A review of the applicant's military records reveals that:
a. the applicant had enlisted in the Regular Army on 6 April 1976;
b. a DD Form 1966 (Application for Enlistment) page 1 shows the applicant's name as D _ _ _ _ L _ _ _ _ R _ _ _ _; sex as female;
c. a DD Form 1966, page 6 shows the applicant signed the form using the same full name as indicated on page 1 of the form;
d. a DD Form 369 (Police Record Check) and finger print card shows the applicant as a female with the same name and signature as on the DD Form 1966 discussed above;
e. a DA Form 2 (Personnel Qualification Record - Part I) indicates the applicant was a married female Soldier with three dependents;
f. without exception, every document in the applicant's military records requiring a name and/or signature shows the same spelling for the first, middle, and last names and corresponding signature when appropriate. Furthermore, there is no document in the record indicating the applicant to be anything other than female.
g. a DA Form 2-1 (Personnel Qualification Record - Part II) shows that the applicant enlisted in the rank of private, pay grade E-1; was advanced to private, pay grade E-2 on 6 August 1976; and was reduced to private, pay grade E-1 on 28 January 1977, just 5 days after returning from being absent without leave (AWOL).
3. The applicant's DD Form 214 shows:
* Name: R _ _ _ _ , D _ _ _ _ L _ _ _ _
* Sex: F
* Grade. Rate or Rank: Private
* Pay Grade: E-1
* Date of Rank: 28 January 1977
4. The Texas State vital record provided by the applicant shows the applicant's name as D. L. W _ _ _ _ ; sex as male, and that the document is a true and correct abstract of the original record and was issued on 2 February 2012.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his:
* name as D. L. W _ _ _ _
* Sex as male
* Rank as private first class, pay grade E-3
2. The available records show that the applicant served in the Regular Army as a female using the name currently recorded in her military records.
3. Furthermore, the records indicate the applicant was reduced from private, pay grade E-2 to private, pay grade E-1 shortly prior to being discharged. There is no evidence the applicant was ever advanced to the rank of private first class, pay grade E-3.
4. The fact that the applicant now desires to change the military records for personal reasons is not a sufficiently mitigating factor that warrants granting relief.
5. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
6. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record and satisfy his desire to have his current name documented in his record.
7. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20130008893
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130008893
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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