IN THE CASE OF:
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130012745
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 record to show her:
* Name as: "Dxxxa Cxxxxxn Wxxxxxd" vice "Dxxxxd Cxxxn Wxxxxxd"
* Gender as: "female" vice "male"
2. The applicant states, in effect, she legally changed her name and gender and would like her records corrected to reflect these changes.
3. The applicant provides:
* Self-authored statements, dated 29 June 2013
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Court order, dated 27 July 2010
* Physician's letter, dated 20 July 2011
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's record contains a Standard Form (SF) 93 (Report of Medical History) and an SF 88 (Report of Medical Examination), dated 31 August 1983. Both forms list the applicant's name as "Dxxxxd Cxxxn Wxxxxxd" and the DA Form 88 list the applicant's gender as "male."
3. The applicant's DD Form 4 (Enlistment/Reenlistment-Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 28 December 1983. This form lists the applicant's name as "Dxxxxd Cxxxn Wxxxxxd."
4. The applicant's DA Form 2-1 Personnel Qualification Record - Part I) lists the applicant's name as "Dxxxxd Cxxxn Wxxxxxd."
5. The applicant's record contains an SF 93 and an SF 88, dated 8 May 1986. Both forms list the applicant's name as "Dxxxxd Cxxxn Wxxxxxd" and the DA Form 88 list the applicant's gender as "male."
6. The applicant was honorably discharged on 19 May 1986. The DD Form 214 lists the applicant's name as "Dxxxxd Cxxxn Wxxxxxd."
7. The applicant provided a court order, dated 27 July 2010, showing the applicant's name was legally changed to "Dxxxa Cxxxxxn Wxxxxxd."
8. The applicant provided a letter from a physician, dated 20 July 2011, wherein the physician stated the applicant fits the criteria of female; therefore, all documents and records should reflect the applicant's gender as female.
9. 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 service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 4, DA Form 2-1, DD Form 214, and all other documents throughout their service, show the applicant's name listed as "Dxxxxd Cxxxn Wxxxxxd." Additionally, it appears that the name "Dxxxxd Cxxxn Wxxxxxd" was recorded as the applicant's correct name upon the initial enlistment. The applicant used this name throughout the period of military service; therefore, there is no error in the applicant's military records to correct.
2. The applicant's SFs 93 and SFs 88 and all other documents listing gender throughout the applicant's service, show the applicant's gender as "male."
3. The Army has an interest in maintaining the integrity 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 of gender in this case. The applicant is advised that a copy of this decisional document which confirms the name and gender now used will be filed in their official military records. This should serve to clarify any questions or confusion regarding the difference in the name and gender recorded in the applicant's military records and to satisfy the applicant's desire to have the new name and gender documented in the applicant's military records.
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) AR20130012745
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130012745
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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