MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             5 August 1999                 
	DOCKET NUMBER:   AR1999019995

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, 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:  That her name and gender be changed on her military records.

APPLICANT STATES:  That by California court order on 30 April 1996, the applicant changed her name from a male name to a female name.  She also provides an Indiana birth certificate that was changed by the state at her request to show her female name.

EVIDENCE OF RECORD:  The applicant's military records show that the applicant enlisted in the Regular Army on 10 October 1974 as a male with a male name.  He was honorably discharged on 11 August 1980 at expiration of term of service as a male with the same male name.

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.  The applicant changed her name and gender from male to female in 1996 after discharge from the military service in 1980.

2.  The Army Board for Correction of Military Records is empowered to correct errors and injustice that occur during military service.  Military records are historical documents which bear a soldier's name and gender during the time of military service and are not subject to change be events that occur after the period of military service.

3.  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 in the record during the period of military service.

(Note:  The applicant will be provided with a DA Form 1569, Transcript of Military Record, to show the applicant's current name [as indicated on the DD form 149] with a synopsis of the applicant's military service.)

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mdm__  __aao___  __ewl ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019995	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990805	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.