Docket No: 5126-20 
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  
 
Encl:  (1) DD Form 149 (NR20200005126) 
    (2) Case summary 
 
1.  Pursuant to the provisions of references (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting a change to her naval record, specifically, to correct the record to reflect a name change.  Enclosures (1) and (2) apply. 
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 27 July 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 her naval service 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.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.   
 
    c.  Petitioner enlisted in the Marine Corps and began a period of active duty on 8 August 2006.  Petitioner served honorably until her discharge on 7 August 2010, upon completion of his required period of active service.  
 
    d.  Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214) for the period of active duty reflects Petitioner’s birth name of .  Petitioner is a transgender woman and would like her DD Form 214 to reflect her gender identity and align with her legal name. 
 
 
    e.  Petitioner provides a 22 June 2017 Court Order from the Superior Court of , County of , directing a name change from  to  , and a gender change from male to female.  Petitioner also provides a letter from a Mental Health Provider confirming that Petitioner is a transgender woman who has been undergoing hormone replacement therapy since June 2017. 
  
     f.  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 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, the Board concludes Petitioner’s request warrants favorable action.   
 
The Board noted Petitioner has provided sufficient legal evidence (specifically, the “Court Order from the Superior Court of  dated 22 June 2017) supporting her request.  The Board found the legal actions taken by civilian authorities to change Petitioner’s name to align with her gender identity, 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.  The Board further concluded that no other changes should be made to Petitioner’s record (including not making changes to gender identifiers), 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.   
 
RECOMMENDATION: 
 
That Petitioner be issued a new DD Form 214 which reflects the name . 
 
That Petitioner be issued a new Honorable Discharge Certificate with the name  . 
 
That no further changes be made to the record. 
 
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 upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 14 July 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.