BOARD DATE:	 15 April 2014 

		DOCKET NUMBER:  AR20130014380 


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 that his military records be corrected to show his new legal name change and gender change.

2.  The applicant states, in effect, that he had a legal name change and gender change and desires to have his records corrected to reflect those changes.  

3.  The applicant provides a copy of a court order changing his first and middle name effective 28 May 2013, a letter from a psychiatrist dated 10 June 2013 indicating that the applicant has had the appropriate clinical treatment for gender transition to the male gender, and a letter from the Kansas Department of Revenue authorizing him a gender change on his driver’s license.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 August 2010 for a period of 3 years and 26 weeks and training as a chemical operations specialist.  The applicant enlisted under the name that is reflected on the DD Form 214 as a female.

2.  On 10 January 2013, the applicant was honorably retired under the provisions of Army Regulation 635-40, chapter 4 due to disability, temporary (enhanced). 

3.  On 28 May 2013, the applicant received a legal name change based on a gender change.

4.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.  Subsequent changes that occur outside the dates covered by the DD Form 214 are not authorized for retroactive entry on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant’s official records show he served the entire period of service as a female using the name that is listed on the DD Form 214.

2.  Accordingly, there appears to be no error or injustice associated with the fact that the DD Form 214 reflects the information that was current at the time of separation.

3.  For historical purposes, the Army has an interest in maintaining the integrity 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now change his name and gender in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  Accordingly, there is no basis for granting the applicant's requested relief.

4.  The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record.  This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military record and to satisfy his desire to have his gender and legal name change documented in his 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 that 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)                                         AR20130014380



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ABCMR Record of Proceedings (cont)                                         AR20130014380



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