IN THE CASE OF:	  

		BOARD DATE:	  26 March 2014

		DOCKET NUMBER:  AR20130011781 


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 records to reflect her new name and gender.

2.  The applicant states she had a legal name change on 9 September 2010 and her gender confirmation surgery on 6 December 2010.

3.  The applicant provides:

* Decree for Change of Name
* Letter from a plastic and reconstructive surgeon
* Passport
* Driver's license
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 7 May 1970.  The enlistment documents on file confirm the applicant's first name was P--- and the gender was male at the time.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) lists the first name P--- in item 1 (Name (Last, first, middle initial) and service number).  All documents and orders on file in the applicant's military personnel record that contain a name and/or gender show the first name P--- and gender as male.

4.  The record also contains a Standard Form (SF) 88 (Report of Medical Examination), dated 18 March 1970, which lists the applicant's first name as 
P--- in item 1 (Last Name - First Name - Middle Name) and gender as male in item 7 (Sex).

5.  On 8 May 1972, the applicant was honorably released from active duty.  The DD Form 214 issued to the applicant at the time lists the first name as P--- in Item 1 (Last Name-First Name-Middle Name).

6.  The applicant subsequently served in the Army National Guard from 24 July 1972 to 23 July 1973.  The applicant's National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant's first name as P---.

7.  The applicant provided the following documents which indicate:

	a.  Decree for Change of Name changed the applicant's name from 
"P--- F------- P------" to "S--- P------- P------" on 9 September 2010.

	b.  Passport was issued to the applicant in the name of S--- and gender as "F" (Female) on 28 September 2010.

	c.  Social security card was issued to the applicant in the name of S--- on 
29 October 2010.  

	d.  Driver's license was issued to the applicant's in the name of S--- and gender as "F" (Female) on 30 October 2010.

	f.  Statement from a plastic and reconstructive surgeon, dated 16 December 2012, shows the applicant underwent gender confirmation surgery for the purpose of sex/gender reassignment from male to female.

8.  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 establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  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 contention that she had a legal name change and gender confirmation surgery was carefully considered.  However, while the applicant's desire to change the military record to show the name and gender she currently uses is understood, there is insufficient evidence to support granting the requested relief.

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 her first name and gender 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 applicant’s desire to have the records changed is understood, there is no compelling reason for compromising the integrity of the Army’s records at this time.  

4.  However, it is concluded that it would be appropriate to issue a Transcript of Military Record (DA Form 1569) in the interest of compassion, 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's license and social security card.  This document 

reflecting the applicant's current name and gender will be filed in the applicant's Army Military Human Resource Record (AMHRR) in order to clarify her current name and gender, and to avoid any confusion and conflict in the record that could result from these changes.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by providing the individual concerned a DA Form 1569 in the name legally declared on her Social Security Card and Driver's License and by filing the DA Form 1569 documenting the military service performed from 7 May 1970 through 8 May 1972 in the AMHRR 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)                                         AR20130011781





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ABCMR Record of Proceedings (cont)                                         AR20130011781



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