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 (Name Change Guidance) Encl: (1) DD Form 149 with attachments (2) Case Summary 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with the Board for Corrections of Naval Records (Board), requesting that her naval record be corrected to reflect a name change to align with her gender identity. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 12 March 2021, 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 Petitioner’s application together with all material submitted in support thereof, relevant portions of her naval record, and applicable statutes, regulations, and policies, to include the name change guidance from the Office of the Secretary of Defense and Department of Defense (Name Change Guidance). 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 interests of justice to review the application on its merits. c. At the time of Petitioner’s enlistment into the Marine Corps, Petitioner’s legal name was “.” On 27 November 2011, Petitioner was discharged from the Marine Corps with an honorable discharge. In this regard, Petitioner was 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, “.” d. After discharge from the Marine Corps, Petitioner had her name legally changed from “” to “” in 2015 to align with her gender identity. e. Based on the Name Change Guidance, 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. However, the provisions/guidance only apply to the service-member’s DD Form 214, and as such, no further changes will be made to the record, including changing gender identifiers. 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 “Final Order Changing the Name of an Adult,” from the District Court of , , dated 20 August 2015, and the “Petition to Change the Gender Identifier of an Adult,” from the District Court of , , dated 21 August 2015) 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: 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 be issued a new DD Form 214 which reflects the name “.” Petitioner be issued a new Honorable Discharge Certificate which reflects 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 “.” 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.