RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-03413
			INDEX CODE 100.01

	XXXXXXX		COUNSEL:  None

			HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His military personnel records be changed to show his gender 
change from male to female.

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APPLICANT CONTENDS THAT:

She underwent gender reassignment surgery to change her sex from 
male to female.  Change in identification is needed to ensure 
proper medical care from this point on.  

In support of her application, she submits letters from her 
doctors, a copy of her drivers' license, and a personal 
statement. 

Applicant’s complete submission, with attachments, is at Exhibit 
A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman 
basic on 18 November 1969 for a period of four years. He was 
honorably discharged in the grade of sergeant after serving 3 
years, 11 months and 29 days of total active duty.

In 20 December 2007, AFPC/DPSS informed the applicant that they 
were unable to make the requested change. The records show that 
the applicant enlisted, served and was discharged as a male. 
Since the applicant's gender change occurred after separation 
from the Air Force, the records reflect the correct gender in 
which the applicant served during the period in question. 

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AIR FORCE EVALUATION:

AFPC/DPSS recommends denial and states that Air Force 
Instruction 36-2608, Military Personnel Records System, Table 
A7, addresses those changes that can be made to the name, social 
security number, date and place of birth on either current or 
prior service personnel. It does not address gender changes. 
However, the service record shows the gender was correct 
relative to the applicant's period of service. 

AFPC/DPSS complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states since the 
apparent guidebook (AFI 36-2608, Military Personnel Records 
System, Table A7) does not address this issue and the offices of 
primary responsibility apparently lack proper training in this 
area, her request should be reviewed by a qualified psychiatrist 
even if that means securing an outside specialist. 

Applicant's complete response 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.  After a 
thorough review of the evidence of record and applicant’s 
submission, the Board is not persuaded that the applicant’s 
records should be changed.  Applicant’s contentions are duly 
noted; however, the Board does not find these assertions, in and 
by themselves, sufficiently persuasive to override the rationale 
provided by the Air Force office of primary responsibility 
(OPR). Inasmuch as the applicant’s military records correctly 
reflect his gender during his period of service, the Board 
agrees with the opinion and recommendation of the Air Force OPR 
and adopts its rationale as the basis for our conclusion that 
the applicant has not been the victim of an error or injustice. 
Therefore, in the absence of persuasive evidence to the 
contrary, we find no compelling basis to recommend granting the 
relief sought in this application.

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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 BC-
2007-03413 on 10 June 2008 under the provisions of AFI 36-2603:

The following documentary evidence was considered in 
connection with AFBCMR Docket Number BC-2007-03413:

    Exhibit A.  DD Form 149, dated 27 Sept 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSS, dated 27 Feb 08.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 08.
    Exhibit E.  Applicant's Response, dated 27 Mar 08.