PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 January 2003
	DOCKET NUMBER:   AR2002078218

	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. Walter T. Morrison		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Yolanda Maldonado		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, that her military records be corrected to show her current name and gender. 

3.  The applicant states, in effect, that a correction to her record is required in order for her to receive credit for her military service toward seniority and retirement from her current employer, which is the Commonwealth of Pennsylvania.  In support of her application, she submits verification of service from the Department of Veterans Affairs, Cleveland Regional Office, Cleveland, a Physician’s Affidavit from the surgeon who performed a gender change operation on the applicant, and individual self-authored Affidavit attesting to her name and gender change.  

4.  The applicant’s military records show that on 15 June 1971, the applicant was honorably released from active duty (REFRAD), by reason of expiration term of service, after completing 2 years of active military service.

5.  The DD Form 214, issued to and signed by the applicant on the date of separation confirms that the applicant held the rank of specialist four and was serving in military occupational specialty (MOS) 81B (Instruction Draftsman) on the date of separation.  This document also shows that the applicant was awarded the Good Conduct Medal and the National Defense Service Medal.  

6.  The applicant provides an Affidavit from a Canadian Surgeon, in which he attests to the fact that he is a duly licensed physician practicing in Quebec, Canada, who is experienced in gender reassignment surgery.  This document contains the Surgeon’s confirmation that on 4 May 1999, in Montreal, Canada, he performed male-to-female gender reassignment surgery on the applicant.  

7.  The applicant also provided a self-authored Affidavit that was prepared and notarized in the Commonwealth of Pennsylvania, County of Allegheny, Pennsylvania, on 18 June 1998.  This contains the individual’s affirmation of the new legal name chosen in conjunction with the requirement of living in the chosen gender based on undergoing the process of gender reassignment.  

CONCLUSIONS:

1.  The Board notes and understands the applicant’s desire to have the name and gender recorded in the military records changed to reflect the current name and gender.  However, it finds an insufficient evidentiary basis to grant the requested relief. 

2.  The applicant enlisted, served, and was honorably separated from the Army in the name and male gender that is recorded in the military records. The fact that subsequent to service, the applicant had underwent a gender and name change does not provide a sufficiently mitigating basis for changing the information recorded in the military records, which was correct at the time the applicant performed military service.  

3.  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.  While the Board understands the applicant’s desire to have the records changed, it finds no compelling reason for compromising the integrity of the Army’s records at this time.  

4.  The Board recognizes, in this case, the difficulties associated with official documents showing different genders and different names.  As a result, the Board has determined that it would be appropriate to issue a Transcript of Military Record (DA Form 1569) in the interest of compassion and in order to ensure that the applicant suffers no injustice as a result of the information on file in the military record.  The DA Form 1569 will be issued in the applicant’s current name, which reflects her current female gender, as was legally declared in the Affidavit prepared and notarized in the Commonwealth of Pennsylvania, County of Allegheny, Pennsylvania, on 18 June 1998.  

5.  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 providing the individual concerned a Transcript of Military Record (DA Form 1569) in the name legally declared in the 18 June 1998 Affidavit, issued in the Commonwealth of Pennsylvania, County of Allegheny, Pennsylvania; and by filing the DA Form 1569 documenting the honorable service performed from 16 June 1969 to 15 June 1971 in the Official Military Personnel File (OMPF) of the individual concerned in order to clarify her current name and gender.

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

BOARD VOTE:  

__WTM__  __CJP  _  __YM  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_   _Walter T. Morrison_  __
		        CHAIRPERSON

INDEX

CASE ID	AR2002078218	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/01/30	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.1100	
2.		
3.		
4.		
5.		
6.