IN THE CASE OF:	  

	BOARD DATE:	  9 September 2008

	DOCKET NUMBER:  AR20080010965


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of her earlier request to be issued a Transcript of Military Service (DA form 1569-E) showing her current name and gender.

2.  The applicant states, in effect, that she is a gender corrected American citizen.  The Department of Defense (DOD) and the United States Army is currently in violation of anti-sex discrimination laws at both the Federal and State level.  She contends that the actions of the DOD, this Board, the Department of the Army, and the Alabama Army National Guard have caused her to be refused her right under law and by medicine to be a female.  She believes that she has been denied her rights under Federal and State law prohibiting sex discrimination.  She further contends that she is not a third sex, homosexual, or a transsexual.  She is legally and physically a female and wants the above mentioned organizations to recognize her as a female in both the past and the present with regard to her military records.  She also wants all of her military records to be corrected, in particularly, her awards and her Certificate of Release or Discharge from Active Duty (DD Form 214).  

3.  The applicant provides no additional documentation in support of her application.





CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070000386, on 13 September 2007.

2.  The applicant offers a new argument, stating simply that her rights have been violated as a result of the Board’s refusal to change her name and gender in her military records.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s new argument is not supported by any documented evidence and is not sufficiently convincing to overcome the Board’s initial decision.

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 the aforementioned requirement.

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


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X____  DENY APPLICATION









BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20070000386, dated 13 September 2007.



	________X______________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080006435



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