IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140005596
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 gender shown on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states block 2 (Sex) on the DD Form 214 reflects he is a female, but should reflect he is a male.
3. The applicant provides his DD Form 214 and his Texas driver's license.
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. On 27 July 1976, the applicant enlisted in the Regular Army. His DD Form 1966/1 (Application for Enlistment) reflects in item 5 that his gender is male.
3. His records contain a DA Form 2-1 (Personnel Qualification Record) which reflects in item 54 that his gender is male.
4. On 20 July 1979, he was honorably released from active duty. Item 2 of his DD Form 214 reflects that his gender is female.
5. The applicant provided a driver's license issued by the state of Texas on
8 July 2009, reflecting that his gender is male.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 2-1 and DD Form 1966/1 reflect he enlisted and served in the Army as a male. The applicant's current driver's license also reflects he is a male.
2. The evidence indicates an administrative error occurred during the recording of the applicant's gender on his DD Form 214. As such, it would be appropriate to correct the error at this time.
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 amending his DD Form 214 to show his gender is male.
____________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) AR20140005596
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140005596
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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