MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           21 October 2003                   
		DOCKET NUMBER:  AR2003086786

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones, II		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 DD Form 214 (Report of Separation from Active Duty) be corrected to reflect his new name (first and middle) and gender.

APPLICANT STATES:  In effect, that he has changed his gender from male to female and has legally changed his name.  He would like his DD Form 214 to reflect his sex as female and his new first and middle names.  In support of his request, he submits his DD 214 and a copy of a court decree granting his name change (first and middle) from Pxxx Fxxxxxxxx to Zxx Lxxx.

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

That he served on active duty in the Regular Army from 25 July 1975 to 14 July 1978 as a male with a first name of Pxxx and a middle name of Fxxxxxxxx.

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 information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

2.  The Board recognizes that, in a situation as unique as this, the applicant desires documentation to show that the male who served on active duty during 1975 - 1978 as Pxxx Fxxxxxxxx is the individual as the female now known as
Zxx Lxxx.  To that end, the Board will direct the Army Review Boards Agency, St. Louis to issue such documentation.

3.  The applicant's DD Form 214 accurately reflects the conditions that existed at the time of its creation.  In the absence of a demonstration of material error or injustice, the record should not be changed.

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:  Request that the Army Review Boards Agency (ARBA), St. Louis furnish the applicant a DA Form 1569 (Transcript of Military Records) showing her current name and gender and explaining that she served under a different name and gender.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __wdp___  __fcj___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086786	
SUFFIX		
RECON		
DATE BOARDED	20031021	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.