Gender Change Clarification

Started by Abby.L, December 01, 2023, 06:42:15 PM

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Abby.L

Hey, everyone, been a while since I've posted but wanted to get a sanity check before I go further.

This may be outside of some peoples' realm of comfort, and I'm hoping that the responses will stay civil/relevant in spite of that.

As a transgender member, I am going through a lot of the gender/name change aspects not only in CAP, but every other aspect of my life. That said, I recently reached out to CAP/DP via the email listed in the most recent 39-2 (§1.10) to complete both the name and gender update, only to receive the following back -

"The requested name change has been completed and a new card will be arriving soon. However, for gender changes, CAP General Counsel requires an amended birth certificate to meet CAP-USAF and AF requirements.   If you do not have an amended birth certificate, you can apply for a uniform waiver to wear the female-style uniform.  For details on how to request the uniform waiver, please see CAPR 39-1 section 1.5"

§1.10.3 reads as follows, though(Emphasis mine):

"1.10.3. Gender Change. Members wishing to change their gender in national membership
records shall provide legal documentation to CAP/ DP (membershipservices@capnhq.gov)
showing a legal gender change. Acceptable documents include copies of court orders, birth
certificates, driver's license, passport, or equivalent documents as determined by the applicable
State law. Note: A uniform waiver separately requested and approved in accordance with
CAPR 39-1, paragraph 1.5, does not constitute a legal gender change."

With the emphasis in mind - I've already legally changed both my name and gender - and my current ID reflects both aspects. I am also unable to go return to my birthstate to file for an amended birth certificate for the foreseeable future(Though my home state does amend birth certificates, not all states do, which I think is important to note for others in my situation).

While I understand that I can request the waiver IAW 39-1, my understanding of 39-2 is that it shouldn't be necessary given the verbiage.

Any advice or insight would be absolutely appreciated.
Capt Abby R. Lockling
SSgt(Sep) USAF, 41ECS
Charlie flight, NBB 2013

Майор Хаткевич

I would ask the question in the respectable manner presented here to HQ. 

They aren't always 100% accurate in their knowledge of regulations either. We're all people. 

MSG Mac

Looking at the response from NHQ, the amended license may do, Since name changes require a court order, that may do if the wording includes ' Due to sexual reassignment". I would try to get the new birth certificate as you will need it for other purposes (Passport, marriage, etc). Col Ned Lee addressed this at a National Conference several years ago, hopefully he'll respond to your topic.
Michael P. McEleney
Lt Col CAP
MSG USA (Retired)
50 Year Member