MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 December 2002
	DOCKET NUMBER:   AR2002072507

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Bernard P. Ingold		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:  In effect, correction of her military records to reflect her current name and gender. 

APPLICANT STATES:  In effect, she has changed her gender from male to female and has legally changed her name to reflect that change.  She now desires to have her military records changed to reflect these changes.  In support of her application, she submits a copy of her separation document and a court decree granting her a name change. 

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

On 18 March 1976, the applicant was honorably released from active duty (REFRAD), after completing 2 years, 11 months, and 22 days of active military service. 

The DD Form 214 issued to and authenticated by her with her signature on the date of her separation, 18 March 1976, confirms that she held the rank of specialist four/E-4 and was serving in military occupational (MOS) 24Q
(Nike Hercules Fire Control Mechanic) at that time.  In addition, the name entered on this separation document is consistent with the name documented in her enlistment contract, the service record created upon her enlistment, and in the records and documents prepared and published throughout her tenure on active duty.

The applicant provided a court decree, dated 25 March 2002, issued by the Court of Common Pleas of Allegheny County, Pennsylvania, that was published subsequent to her separation from the Army on 18 March 1976.  This document ordered a name change and the issuance of a new certificate of birth.

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 notes and understands the applicant’s desire to have the gender and name recorded in her military records changed.  It also carefully considered the evidence she provided confirming that her name was legally changed by a court order, dated 25 March 2002.  However, she has failed to provide evidence confirming that she underwent a gender change procedure.  

2.  In addition, the Board finds no evidence that suggests that the name and gender recorded in the applicant’s military record exhibits a material error or injustice, or that the applicant would suffer any injury or injustice as a result of the Army maintaining its records with the gender and name under which she served.

3.  The applicant enlisted, served, and was honorably separated from the Army as a male and under the name shown in the military record.  Lacking evidence of a gender change, the fact that the applicant’s name has been changed subsequent to separation is not a sufficiently mitigating factor that warrants changing the applicant’s military record at this time.  In view of the foregoing, there is no basis for granting the applicant's request.

4.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While the Board understands the applicant’s desire to have the records changed, it finds no compelling reason for compromising the integrity of the Army’s records.

5.  The Board wishes to advise the applicant that a copy of this decisional document, along with her application and the supporting evidence she provided, which confirms her name change, will be filed in her Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in her current name and the name recorded in her military records.

6.  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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RWA__  __KYF___  __BPI__  DENY APPLICATION

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

INDEX

CASE ID	AR2002072507	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/12/12	
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.	100.1100	
2.	100.0100	
3.		
4.		
5.		
6.