PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 December 2002
	DOCKET NUMBER:   AR2002075336

	I certify that hereinafter is recorded the true and complete record of the proceedings 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. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Powers		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                 advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, issuance of a new separation document 
(DD Form 214) that reflects her current name and gender.

3.  The applicant states, in effect, that she underwent sexual reassignment surgery and that the District Court, Travis County, Texas, authorized her name and gender change.  Also, the State of Illinois has issued her a certificate of birth that recognizes her current name and gender.  In support of her application, she submits a court decree, dated 2 March 1999, from the District Court, Travis County, Texas, an affidavit from the doctor who performed the gender reassignment surgery, and a certificate of birth. 

4.  The applicant military records show that that the applicant initially entered the Army on 28 March 1977, was discharged on 18 March 1979, and immediately reenlisted on 19 March 1979.  On 7 August 1981, the applicant was honorably released from active duty (REFRAD) after completing 4 years, 4 months, and 
11 days of active military service. 

5.  The DD Form 214 issued to and authenticated by the applicant with a signature on the date of separation, 7 August 1981, confirms that the applicant held the rank of specialist five/E-5 and was serving in military occupational (MOS) 91F (Psychiatric Specialist) at that time.  In addition, the name entered on this separation document is consistent with the name documented in the applicant’s  enlistment contract, the service record created upon enlistment, and in the records and documents prepared and published throughout the applicant’s tenure on active duty.

6.  The applicant provided a court decree, dated 2 March 1999, issued by District Court, Travis County, Texas.  This document confirms that the applicant’s name was legally changed subsequent to separation from the Army.  It also stipulated that a gender designation change was authorized by the Social Security Administration and the Texas Department of Public Safety, and that the court order constituted authority for a change to the applicant’s name and gender on any and all documents, including the applicant’s birth certificate.

7.  The applicant also provided a notorized copy of an affidavit from a Doctor that indicates that on 13 June 2000, gender reassignment surgery was performed on the applicant, who is now a female.  In addition, a copy of the current Certificate of Birth, issued by the Department of Public Health, Division of Vital Records, State of Illinois, was provided and it reflects the applicant’s changed name and female gender.  

CONCLUSIONS:

1.  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.  The applicant enlisted, served, and was honorably separated from the Army as a male, under the name shown in the record.  The fact that the applicant’s gender and name were changed after separation does not provide a compelling reason for compromising the integrity of the Army’s records. Thus, the Board finds no basis to grant the applicant’s request to change the military record.  

2.  The Board recognizes that the applicant may incur difficulties associated with official documents showing different genders and names.  Therefore, as a matter of compassion, it has determined that it would be appropriate to issue the applicant a Transcript of Military Record (DA Form 1569), which verifies the applicant’s honorable service from 9 April 1977 to 7 August 1981, and that reflects the applicant’s name and gender, as legally changed by the District Court, Travis County, Texas.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the applicant a Transcript of Military Records (DA Form 1596), in her new name ordered in the enclosed court decree, which shows her honorable service from 28 March 1977 to 7 August 1981.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__LLS__  __BJE___  __WDP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Luther L. Santiful__
		    CHAIRPERSON

INDEX

CASE ID	AR20020775336	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/12/17	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.