Docket No: 2432-20 
Ref: Signature Date 
 
From: Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW NAVAL RECORD OF ,  
 
Ref:    (a) 10 U.S.C. 1552 
         (b)  OSD/DOD Name Change Provisions/Guidance 
      
Encl:   (1) DD Form 149 with attachments 
     (2) Case summary 
     (3) Subject's naval record 
 
1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting a change to her name on her Report of Separation from Active Duty (DD Form 214).   
 
2. The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 2 June 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, together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, 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. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits. 
 
c. Petitioner began a period of active duty on 1 November 1973.  On 2 November 1976, Petitioner was discharged with an honorable characterization of service.   At the time of discharge, Petitioner was issued a DD Form 214 based on the name used while serving in the Marine Corps, specifically, “.” 
 
d. After discharge from the Marine Corps, Petitioner had her name legally changed from “” to “” to align with her gender identity. 
 
e. 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, may have their DD Form 214 changed to accurately reflect their present name and sex/gender.  In this regard, the change may allow them to obtain various benefits, services, employment, etc., without being subject to otherwise invasive questions.   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, and especially in light of reference (b), the Board concludes that Petitioner’s request warrants relief.   
 
The Board noted Petitioner has provided sufficient legal evidence (specifically, the “Order Changing Name of an Adult,” from the Superior Court of , , dated 17 October 2019) supporting her name change request.  The Board found the legal actions taken by civilian authorities to change Petitioner’s name, along with the provisions/guidance of reference (b), support a change to her DD Form 214 to reflect Petitioner’s legal name.  
 
In this regard, the Board noted that normally a DD Form 215 would be issued to correct the record; however, the Board concluded a new and updated DD Form 214 is warranted to eliminate the possibility of invasive questions and that both the previously issued DD Form 214, and the new DD Form 214 bearing the name “,” should remain in the record for historical purposes. 
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
Petitioner be issued a new DD Form 214 reflecting the name “,” instead of “.”  
 
That Petitioner be issued a new discharge certificate 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 “.”  
 
That no further changes be made to the record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 12 March 2020.   
 
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 Regulation, 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.