MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           13 January 1999                   
	DOCKET NUMBER:   AC98-12376
				   AR1999014812

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn 		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Margaret v. Thompson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of his military records to reflect his current name and sex. 

APPLICANT STATES:  He has changed his sex from female to male and has legally changed his name and gender to reflect that change.  He now desires his military records to coincide with those changes.  He states that he is a disabled veteran who wants to keep his sex change confidential.  He also states that without the correction of his DD Form 214, his opportunities for employment will be hampered. 

In support of his application he submits a medical information authorization (Name and Gender Change) that was forwarded to a department of motor vehicles to verify his new name and gender.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Army on 19 January 1971 for a period of 3 years as a female.  The applicant was awarded military occupational specialty 71L (Administrative Specialist), and the highest rank attained during the enlistment was specialist four (E-4).

The applicant was honorably discharged on 1 May 1975 with severance pay under the provisions of Army Regulation 635-40 for physical disability.  The applicant had completed 2 years, 3 months, and 13 days of active service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

2.  In the absence of a showing of material error or injustice, the applicant’s military records should not be changed.

3.  In the applicant’s case the records reflect the correct name and sex under which military service was performed.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Reserve Personnel Center will be requested to furnish the applicant a DARP Form 3069 (Transcript of Military Records) showing the current name and social security number and other information as applicable.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.