DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2008-181
xxxxxxxxxxxxxxxxxxxx
xxx xx xxxx
a.k.a. xxxxxxxxxxxxxxxxxxxx
xxx xx xxxx
FINAL DECISION
This is a proceeding under the provisions of section 1552 of title 10 and section
425 of title 14 of the United States Code. The Chair docketed the case on August 8,
2008, upon receipt of the applicant’s completed application, and assigned it to staff mem-
ber J. Andrews to prepare the decision for the Board as required by 33 C.F.R. § 52.61(c).
duly appointed members who were designated to serve as the Board in this case.
This final decision, dated February 26, 2009, is approved and signed by the three
APPLICANT’S REQUEST AND ALLEGATIONS
This case involves allegations of changed identity and gender. To provide clarity
while maintaining anonymity in the body of this decision, the applicant, whose legal
name and Social Security Number (SSN) appear first in the caption above, will herein-
after be referred to as “Jane Roe.” The applicant alleged that she, Jane Roe, is the same
person as the veteran whose name and SSN appear last in the caption above. This man,
who will hereinafter be referred to as “John Doe,” retired from the Coast Guard Reserve
more than ten years ago and is now entitled to Reserve retirement pay and benefits
because his 60th birthday has passed.
The applicant asked the Board to order the Coast Guard to pay John Doe’s retire-
ment pay and benefits to her, Jane Roe, using her new SSN, which is different from the
SSN of John Doe. She alleged that, after retiring from the Coast Guard, because of a
threat of violence by an ex-spouse, she legally changed her original male name to another
male name—hereinafter “Jim Roe”—and received a new SSN under the name Jim Roe.
Then, after undergoing a sex-change procedure, she legally changed her name a second
time, from Jim Roe to Jane Roe.
The applicant alleged that because she recently attained age 60, she should be
receiving Reserve retirement pay and benefits from the Coast Guard. However, she is not
receiving them because Coast Guard records continue to reflect her original SSN and the
name John Doe. In support of her allegations, the applicant submitted photocopies of the
following documents:
• A court order identifying the petitioner, John Doe, by his date and place of
birth and parents’ names, changing his name to Jim Roe, and sealing the order
in accordance with State law;
• A court order stating that the petitioner, Jim Roe, had previously changed his
name to Jim Roe, further changing the petitioner’s name to Jane Roe, and
sealing the order in accordance with State law;
• The United States Uniformed Services identification card of John Doe with
his SSN and photograph;
• The United States Uniformed Services identification card of Jane Roe with
Jane Roe’s SSN and photograph, which depicts the same person whose photo-
graph appears on John Doe’s identification card;
• The Social Security card of Jane Roe with her SSN, dated July 6, 2007;
• A Department of Veterans’ Affairs (DVA) identification card for Jane Roe;
• A State driver’s license for Jane Roe, issued on May 31, 2007, which shows
that she is female and that her date of birth is the same as that of John Doe;
• DVA medical records concerning the applicant’s gender change, including a
letter stating that Jane Roe “is a current patient in the Endocrinology clinic …
at the Veterans Affairs Medical Center”;
• A DVA database print-out showing that John Doe is another name used by
Jane Roe;
• A letter from a Human Resources Officer of another federal government
agency stating that John Doe was personally known to him when he worked at
and retired from that agency and that Jane Roe, who visited him on October
31, 2008, is the same person as John Doe;
• Coast Guard regulations stating that to effect a name change, a member must
submit a copy of the court order authorizing the name change and that to
effect a change of SSN, a member must submit a copy of a Social Security
Card;
• A marriage license showing that Jane Roe recently married and is listed as the
bride;
• A publication of the Social Security Administration concerning how victims
of domestic violence may change their SSNs; and
• The Coast Guard’s letter notifying John Doe that he had completed 20 years
of satisfactory service for retirement purposes.
VIEWS OF THE COAST GUARD
On November 11, 2008, the Judge Advocate General (JAG) of the Coast Guard
submitted an advisory opinion in which he adopted the findings and analysis provided in
a memorandum on the case prepared by the Coast Guard Personnel Command (CGPC).
CGPC stated that John Doe has passed his 60th birthday and is eligible to receive
retired pay. CGPC acknowledged John Doe’s name changes but stated that originals of
the certified documents should be submitted so that the name changes may be authenti-
cated. Once the name changes are authenticated, CGPC stated, John Doe’s official pay
record should be corrected to reflect the name Jane Roe.
CGPC stated that the Personnel Services Center would not make the requested
changes administratively absent evidence of a linkage between John Doe’s and Jane
Roe’s SSNs. However, such linkage is apparently not available under the Social Secu-
rity’s rules in domestic violence cases. Therefore, CGPC stated, in light of the DVA’s
determination that John Doe and Jane Roe are the same person and that Jane Roe is enti-
tled to the veterans’ benefits of John Doe, the Board should find that the applicant “has
supported a link between names and SSNs” once the name changes are authenticated.
CGPC stated that “if the BCMR is able to verify authenticity of documents rela-
tive to the applicant’s name and SSN change, the electronic pay record of [John Doe and
his SSN should] be changed to reflect [Jane Roe and her SSN]. The Coast Guard should
pay any accrued and future retirement payments to the applicant under the new name/
SSN. Additionally, if the applicant provides documentation relating to the change in gen-
der, the applicant’s gender should be changed from male to female in electronic records.”
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On December 10, 2008, the applicant responded to the views of the Coast Guard.
The applicant stated that she was not initially concerned about the gender shown in the
Coast Guard’s database because one’s gender is not noted on an Armed Forces identifi-
cation card. However, based on the advice of someone at Coast Guard Headquarters, she
believes that the gender shown should be changed to female so that her husband may get
an identification card as a dependent.
The applicant submitted with her response State database printouts showing that
while she was still named Jim Roe, her gender was noted as female and her SSN was
entered in the State’s database as the SSN that belongs to Jane Roe. She also submitted
two certified “true copies” of court orders that bear original signatures and the embossed
seals of State circuit courts. The first of these court orders changed John Doe’s name to
Jim Roe on December 23, 2002. The second changed Jim Roe’s name to Jane Roe on
November 20, 2006. Both court orders are signed by a State circuit court judge and a
deputy clerk of the court.1
FINDINGS AND CONCLUSIONS
The Board makes the following findings and conclusions on the basis of the appli-
cant's military record and submissions, the Coast Guard's submissions, and applicable
law:
The Board has jurisdiction over this matter pursuant to 10 U.S.C. § 1552.
Because John Doe has become eligible for retired pay and the applicant’s name has
changed within the last three years, the application is timely under 10 U.S.C. § 1552(b).
1.
2.
The applicant, whose name and SSN appear first in the caption on the first
page of this decision, alleged that the military records of John Doe (the veteran whose
name and SSN appear last in the caption) are her own records because she is the same
person who served in and retired from the Coast Guard Reserve with that name. As John
Doe’s 60th birthday has passed, she asked the Board to order the Coast Guard to pay her
the retirement pay and allowances, under her new SSN, to which John Doe is entitled and
also to correct the Coast Guard’s database to show her gender as female.
3.
The JAG recommended that the Board grant the applicant’s request if it
can verify her identity changes by reviewing originals of the court orders changing John
Doe’s name to Jim Roe and Jim Roe’s name to Jane Roe (the applicant). In response, the
applicant submitted certified “true copies”—bearing original signatures and the embossed
seals of the State circuit court—of the two court orders that respectively changed John
Doe’s name to Jim Roe as of December 23, 2002, and Jim Roe’s name to Jane Roe as of
November 20, 2006. Moreover, the applicant’s military records and submissions show
the following:
• The John Doe whose name was changed to Jim Roe by order of a State circuit
court on December 23, 2002, has the same parents and date and place of birth
as John Doe the veteran reservist whose retirement pay the applicant is
claiming.
• Jim Roe changed his gender to female and acquired the SSN that now belongs
to the applicant under the name Jane Roe. Jim Roe thereafter underwent
another legal name change to become known as Jane Roe.
• The fact that John Doe and Jane Roe are the same person is acknowledged by
the federal agency from which the applicant retired as a civilian employee
1 The applicant asked that these true copies be returned to her as they are very difficult to attain since the
records are sealed.
under the name John Doe and by the DVA, which has provided medical care
to this person under both names and, in particular, medical procedures that
have changed this person’s gender from male to female.
• The applicant’s home State recognizes her gender as female.
4.
The Board has verified by reviewing true copies of the court orders that
the applicant is the same person as John Doe, who retired from the Coast Guard Reserve
as a PSC/E-7 with more than 20 years of satisfactory service; who recently passed his
60th birthday; and who has undergone two legal name changes, a gender change, and an
SSN change. The applicant has submitted clear proof that she is the retired reservist she
claims to be, that she has a new SSN, and that she is entitled to the retirement pay and
benefits she earned under her original name and the SSN of John Doe. She has proved a
linkage between the two names and SSNs in the caption on the first page of this decision
by a preponderance of the evidence. Although her name, gender, and SSN have changed
since she retired from the Reserve, the applicant is in fact the veteran whose name and
SSN appear last in the caption on the first page of this decision.
The applicant is entitled to the retirement pay of John Doe—the veteran
whose name and SSN appear last in the caption on the first page of this decision—and
her husband is entitled to a dependent’s identification card. Therefore, the fact that the
Personnel Services Center’s database still shows that the retirement pay is owed to a man,
John Doe, under his old SSN is erroneous and unjust because the applicant is being
denied significant pay and benefits owed to her by the Coast Guard.
5.
6.
Accordingly, relief should be granted by ordering the Coast Guard to cor-
rect the Personnel Services Center’s electronic pay database to show that all of John
Doe’s retirement pay and benefits are to be paid to the applicant under her new name and
SSN and that she is female.
[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]
ORDER
The application is granted and the military record of xxxxxxxxxxxxxxxxxxxxxxx,
USCGR (Retired), now legally identified as xxxxxxxxxxxxxxxxxxxxxxxxxxxxx, shall be
corrected as follows:
The Coast Guard shall pay her any amount she may be due as a result of these
The Coast Guard shall correct the electronic database of the Personnel Services
Center to show that this retired reservist is female, rather than male. In addition, the pay
database shall be corrected so as to ensure that all of this retired reservist’s accrued and
future pay and benefits are paid to her under the name xxxxxxxxxxxxxxxxxxx and her
new Social Security Number: xxx xx xxxx.
corrections.
Dorothy J. Ulmer
Ryan J. Wedlund
Randall J. Kaplan
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