Docket No: 1901-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF  
      
 
Ref:   (a) 10 U.S.C. § 1552 
           (b) OSD/DOD Name Change Provisions/Guidance 
 
Encl:  (1) DD Form 149 with attachments 
 
1.  Pursuant to reference (a), Petitioner, a former enlisted Marine, filed the enclosure with the Board for Correction of Naval Records (Board) requesting a change to his naval record, specifically, to correct the record to reflect a name change. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 12 March 2020, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, and applicable statutes, regulations, and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice finds as follows: 
 
    a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
    b.  Petitioner enlisted in the Marine Corps and began a period of active duty on 11 February 2013.  On 11 December 2013, he was evaluated by Naval Health Clinic  because he was exhibiting symptoms of Post-Traumatic Stress Disorder (PTSD).  The clinic diagnosed Petitioner with pre-existing PTSD.  Due to his PTSD symptoms being exacerbated as a result of military service, he was subsequently notified of an administrative action to separate him from the naval service for convenience of the government due to condition, not a disability.  After Petitioner waived his rights, his commanding officer recommended he be separated with a general, under honorable conditions (GEN), characterization of service by reason of convenience of the government.  The discharge authority approved the recommendation and directed Petitioner’s GEN discharge.  On 7 March 2014, Petitioner was discharged and issued a Certificate of Release or Discharge from Active Duty (DD Form 214) based on the name used while serving in the Marine Corps, specifically   
 
    c.  At the time of Petitioner’s enlistment into the Marine Corps, Petitioner’s legal name was   After discharge from the Marine Corps, Petitioner, who is transgender, had his name legally changed from “” to ” to align with his gender identity. 
 
    d.  Based on the guidance reflected in reference (b), from the Office of the Secretary of Defense (OSD) and Department of Defense (DOD), former military personnel who have legally changed their name and sex, or are the subject of gender reassignment, may have their DD Form 214 changed to accurately reflect their present name and gender.  In this regard, the change may allow them to obtain various benefits, services, employment, etc., without being subject to otherwise invasive questions.  However, the provisions only apply to the service-member’s DD Form 214, and as such, no further changes will be made to the record. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants favorable action. 
 
The Board noted Petitioner has provided legal evidence (specifically, the Circuit Court of the State of Oregon, driver’s license, and social security card) supporting his request.  The Board found the legal actions taken by civilian authorities to change Petitioner’s name to align with his gender identity, along with the provisions of reference (b), support a change to DD Form 214. 
 
In this regard, the Board noted that normally a DD Form 215 would be issued to correct the record, however, the Board concluded that a new and updated DD Form 214 is warranted to eliminate the possibility of invasive questions.  The Board further concluded that no other changes should be made to Petitioner’s record, and that both the previously issued DD Form 214 bearing the name “” and the new DD Form 214 bearing the name  should remain in the record for historical purposes. 
 
The Board, noting Petitioner’s record did not contain any indication of misconduct or substandard performance and his average PRO/CON marks were 4.4/4.3, determined Petitioner’s record warranted an honorable characterization of service. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record, specifically, Block 1 of the DD Form 214, be corrected to reflect the name “” instead of “.” 
 
Petitioner’s naval record be corrected to show that on 7 March 2014, he was discharged with an “honorable” characterization of service. 
 
Petitioner be issued a new DD Form 214 which reflects the name .” 
 
That a copy of this report of proceedings be filed in Petitioner’s naval record, along with the previously issued DD Form 214 which reflects the name ” and the updated DD Form 214 which reflects the name .” 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.