BOARD DATE:	  5 February 2014

		DOCKET NUMBER:  AR20130009717 


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 correction of her DD Form 214 (Certificate of Release from Active Duty) to show to show her name as "S____ E____ R____."

2.  The applicant states her DD Form 214 should be modified to show her legal name change due to her sex change operation.

3.  The applicant provides:

* certification from the surgeon who performed the procedure
* Court Order for Change of Gender and Issuance of New Birth Certificate
* Court Decree Changing Name

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 19 October 2007 for enlistment in the Regular Army not later than 8 January 2008.  The applicant enlisted in the Regular Army on 8 January 2008 accordingly.  Item 1 (Name – Last, First, Middle) of the applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the name "R____, J____ D____."

2.  The applicant's records contain various personnel, finance, medical, and other documents that show the applicant's name as "J____ D____ R____" and gender as male.  Some of these forms are authenticated by the applicant using this name.

3.  The applicant was honorably released from active duty in the rank/grade of specialist/E-4 on 10 May 2011.  Item 1 (Name) of the DD Form 214 shows the applicant's name as "R____, J____ D____."

4.  The applicant provided the following documentation:

	a.  A State of California Court Decree Changing Name shows the applicant's name was legally changed on 30 January 2012 from "J____ D____ R____" to "S____ E____ R____."

	b.  A letter from a medical doctor, dated 6 March 2013, certified the applicant underwent irreversible genital reassignment surgery.  Accordingly, all documentation should reflect the applicant's current and final genital status as female.

	c.  A Court Order for Change of Gender and Issuance of New Birth Certificate, dated 29 April 2013, shows the applicant's name as "S____ R____" and the applicant's gender was changed from male to female.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In states 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 AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be modified to show her current name change as a result of gender reassignment surgery.

2.  The evidence of record shows that upon enlistment in the USAR DEP on 19 October 2007 and subsequent enlistment in the Regular Army on 8 January 2008, the applicant listed the name "J____ D____ R____."  This name is consistent with the name on every document in the applicant's service records.

3.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant's name in this case.

4.  A copy of this decisional document will be filed in the applicant's military records.  This should serve to clarify any questions or confusion regarding the different name and gender, and adequately document the applicant's current name and gender in those records.

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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20130009717



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ABCMR Record of Proceedings (cont)                                         AR20130009717



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