Docket No: 702-20
Ref: Signature Date                                                                                

Dear  :  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 October 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You served honorably in the Navy for over 23 years, until your retirement on 31 July 2014.  Your Certificate or Release from Active Duty (DD Form 214) which effectuated your retirement, reflects the name   .  Since your retirement, you received a court order from the    , dated 28 October 2014, in which your name was legally changed to     . 
 
In your application for correction you request that your DD Form 214 and your military service record be changed to reflect your current legal name of    . 
 
The Board, in its review of your entire record and application, carefully considered whether your DD Form 214 with the name    was either erroneous or unjust.  The Board noted that although you have a court order dated 28 October 2014 in which you legally changed your name to   , the DD Form 214 was issued reflecting your correct legal name at the time of your retirement and is therefore not erroneous.  The Board also determined that there is insufficient evidence in your application to establish that the DD Form 214 with your previous legal name constitutes an injustice.  Absent supporting information about how the DD Form 214 creates an injustice, the Board found that corrective action is not appropriate. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
 Sincerely,