RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01798
		INDEX CODE:  100.01
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

All military computer records indicating his sex as male be changed to reflect female.

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APPLICANT CONTENDS THAT:

Gender reassignment surgery was performed on 31 Jul 98.  She is anatomically female and as does other women, requires typical gynecological medical services.  Since she is female, her military medical records should indicate female as her gender.

In support of her request, applicant provided a copy of her birth certificate, a letter from her physician, her driver's license, AF Form 218, Notification of change in Service Member's Official Records; and her DD Form 214, Certificate of Release or Discharge from Active Duty.  Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served on active duty as J--- M. W--- for 22 years and 12 days.  He retired from the Regular Air Force on 30 Sep 87 in the grade of chief master sergeant.  Subsequent to his name change and gender reassignment on 31 Jul 98, the applicant submitted an application to the Board requesting a DD Form 214 correction to reflect the name as J---- Marie W----.  By a majority vote, the Board denied the request.  A copy of the Record of Proceeding is at Exhibit B.

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AIR FORCE EVALUATION:

AFPC/DPSAMP recommends denial of the applicant's request.  DPSAMP states that Air Force personnel records correctly reflects the applicant's name and gender during the period of service and on the date of retirement.  The current name and gender does not mirror the name and gender information in the personnel record.  Therefore, correcting the applicant's historical records is an unjustified action.  Any organization attempting to verify the applicant's service will ask for the DD Form 214.  In this case the DD Form 214 is correct as of the date of retirement.  As such, the applicant would have to provide the organization additional information concerning the difference between the DD Form 214 and present circumstances.  The Air Force and Department of Defense has no procedures in place in regard to this type of change.  Her records correctly reflect the legal name/gender under which the applicant served and retired.  The DPSAMP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that she successfully petitioned the --- State Department of Health, Vital Records Bureau to correct her birth certificate.  She is physically and functionally female and if called back to active duty, she would have to report as a woman.  In support of her request, applicant provided additional copies of documents previously submitted.  The applicant's complete submission, with attachments, is at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant's decision to change his name and gender was a personal decision that was made subsequent to military service.  The correct name and gender during the period of service and at the time of retirement are reflected in the applicant's military records.  It is our opinion that alteration of her records, to include computer records, would be inappropriate.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number 02-01798 n Executive Session on 12 Feb 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSAMP, dated 3 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 03.
    Exhibit E.  Letter, Applicant, dated 23 Jan 03, w/atchs

                                   Panel Chair