MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 October 2001                   
	DOCKET NUMBER:   AR2001060846

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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 Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show her current sex and name.

APPLICANT STATES:  That she would like her records to reflect her new name and gender if for some reason she needs to refer to her military experience for job references.  She provides the court order changing her name from Edward St___ P___ to Elizabeth Sa___ P___.

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

She enlisted in the Regular Army on 23 November 1982 under the name Edward St___ P___, sex male.  All documents in her records show her name as Edward St___ P___.  Her DD Form 214 shows that she was released from active duty on 22 November 1986 under the name Edward St___ P___.

At some point, the applicant apparently underwent a sex change changing her gender to female.  On 8 January 2001, the State of Michigan, Judicial Circuit, Family Division ordered her name legally changed to Elizabeth Sa___ P___.

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.  Although the applicant’s gender is now female and her name is now Elizabeth Sa___ P___, she appropriately enlisted in, served on, and was released from active duty under the name Edward St___ P___, gender male.  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.  This Board action will be filed in her military records so a record of her current gender and name will be on hand.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne___  __mhm___  __bje___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060846	
SUFFIX		
RECON		
DATE BOARDED	20011018	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.	100.1100	
3.		
4.		
5.		
6.