MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 November 1999                   
	DOCKET NUMBER:   AR1999018229

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Hubert O. Fry, Jr.		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 military records to show her current name and sex.

APPLICANT STATES:  That she changed her name and sex and is now female; however, she is being discriminated against whenever her discharge has to be produced.  Supporting evidence is as listed on the DD Form 149.

EVIDENCE OF RECORD:  The applicant's military records are not available.  Information contained herein was obtained from documents submitted with her application.

The applicant, who was then male, enlisted in the Regular Army on 16 April 1974 and was discharged on 23 June 1975, with a general discharge under honorable conditions.  The reason for discharge is unknown.  

A court order dated 3 July 1996 changed the applicant’s name.  Supporting documents provided by the applicant show her sex as female.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

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 data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

2.  The applicant appropriately served on and was discharged under the name and sex she provided upon her entry onto active duty.  She changed her sex after her discharge and did not legally change her name until 1996, 21 years after her separation.

3.  While the Board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.

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 Command will be requested to furnish the applicant a DARP Form 3069 (Transcript of Military Records) showing the current name and other information as applicable.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__eb____  __aao___  __hof___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018229	
SUFFIX		
RECON		
DATE BOARDED	19991104	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.	100.11	
3.		
4.		
5.		
6.