Docket No: 7970-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER MEMBER  USN,  XXX-XX- 
 
Ref:    (a) 10 U.S.C. § 1552  
     
Encl:  (1) DD Form 149 with attachments 
       (2) Case summary 
   
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that his Certificate of Release or Discharge from Active Duty documents be corrected to reflect his certified birth name.    
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 20 November 2020, and, pursuant to its regulations, determined 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 his naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
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, the Board found it in the interest of justice to waive the statute of limitations and consider Petitioner’s application on its merits.  
 
 c.  Petitioner enlisted in the Navy on 1 July 1985.  On his application, his parents signed section IX using the name “ but in section X, Petitioner stated he preferred the name “  The name on his enlistment contract is “.”  On 30 June 1989, Petitioner was released from active duty and issued a DD Form 214 with the name “   

 d.  Petitioner has previously been issued DD Form 215 documents correcting dates, reflecting the name “.  
 
 e.  Petitioner contends “” was his nickname but his certified birth name is .”  The use of his nickname and not his certified birth name on his DD Form 214 has prevented him from receiving veterans’ benefits.  Petitioner submitted his birth certificate, passport, and his driver’s license which all reflect his birth name of “    
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concluded Petitioner’s request warrants relief.   
 
The Board noted Petitioner’s first name on his birth certificate is “” vice “.”   Although ” is used throughout his military record, the Board determined it was in the interest of justice to correct Petitioner’s first name on his Certificate of Release or Discharge from Active Duty documents to match his birth name of “.” 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a corrected DD Form 215 indicating his first name as “” 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 10 November 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 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. 
 
1/7/2021
Executive Director