Docket No: 3068-20 
Ref: Signature date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy   
 
Subj:   REVIEW OF NAVAL RECORD   
             
 
Ref:   (a) 10 U.S.C. §1552 
            
Encl:  (1)  DD Form 149 
       (2)  Subject's naval record (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that date of birth be corrected on his Report of Separation from Active Duty (DD Form 214). 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 23 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, relevant portions of his naval records, 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 Navy and began a period of active service on 4 August 1971.  His enlistment contract indicated his name as  and his birthdate as  .  Upon Petitioner’s release from active duty and transfer to the Naval Reserve, he was issued a DD Form 214 indicating the name  and the birthdate of . 
 
     c.  Petitioner provided a Certificate of Birth issued by the City of  indicating the name  and date of birth of .   
 
     d.  On 27 June 1973, Petitioner’s name was legally changed from , born on , to  by the Supreme Court .   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief.  The Board's decision is based on the court-ordered name change and accompanying birth certificate. 
  
In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. 
 
RECOMMENDATION 
 
Petitioner be issued a DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty indicating his date of birth as .   
  
A copy of this Report of Proceedings be filed in Petitioner’s naval record. 
 
No further relief be granted. 
 
Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 9 April 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.