MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 February 2001                  
	DOCKET NUMBER:   AR2000048457

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Ms. Shirley Powell 		Member	
	Mr. Harry B. Oberg 		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 his military records be corrected to show his legal female name.   

APPLICANT STATES:  In effect, that he legally changed his first and middle names in 1999.  In support of his application, he submits a court document, dated 18 October 1999, which legally changes his first and middle names; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); certificates of training; award certificates and citations; and various military service records. 

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

The applicant’s records were requested from the National Records Center in St. Louis, Missouri.  However, his Official Military Personnel File was not available to the Board.  Therefore, this review is based on the documents provided by the applicant.  The applicant’s DD Form 214 shows that he completed over 22 years of active duty on 31 July 1982 when he retired in the rank of sergeant first class. 

The applicant’s DD Form 214 and the available military records show the same first and middle names.

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 Board noted that the applicant legally changed his first and middle names in 1999, approximately 17 years after his retirement from the Army.  Therefore, there is no basis to change his military records at this time. 

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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

4.  To assist the applicant in civilian matters, the Board will direct that a Transcript of Military Records (DA Form 1569) be issued in the applicant’s current female name, as legally changed by the Everett District Court for Snohomish County, Washington, Order Number 993350, dated 18 October 1999.

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

NOTE:  The Board directs that the Army Review Boards Agency, Support Division in St. Louis, Missouri, prepare a Transcript of Military Records (DA Form 1569) reflecting the applicant’s military service, but showing the applicant’s current female name, as legally changed by the Everett District Court for Snohomish County, Washington, Order Number 993350, dated 18 October 1999.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JH_____  SP______  HBO_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000048457	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19820731	
DISCHARGE AUTHORITY	AR 635-200 Chapter 12 	
DISCHARGE REASON	Retirement	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.