Docket No 8851-20

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 
 
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 his naval record be corrected to reflect a name change to align with his gender identity. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 2 July 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 his naval record, and applicable statutes, regulations, and policies, to include the reference (b) 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. Enclosure (1) was filed in a timely manner and, accordingly, the Board reviewed the application on its merits.  
 
	c. At the time of Petitioner’s enlistment into the Navy, Petitioner’s legal name was    On 12 April 2004, Petitioner was honorably discharged from the Navy.  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 Navy, specifically, “.”  
  
	d. After discharge from the Navy, Petitioner, who is a transgender man, had his name legally changed from  to align with his 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 Order and Certificate of Name Change from  dated 4 October 2019, the Order Allowing Name Change, from the General Court of Justice, Superior Court Division,  dated 4 October 2019, a reissued Social Security Card, and a  driver license), supporting his request.  The Board found that the legal actions taken by civilian authorities to change Petitioner’s name to align with his gender identity, along with the provisions/guidance of the Name Change Guidance, support a change to his 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 also noted that the separation authority listed on Petitioner’s DD 214 is now obsolete and should be changed to “MILPERSMAN 1910-164.”  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  
 
The separation authority listed in Block 25 of the DD Form 214 be changed to “MILPERSMAN 1910-164.”  
 
Petitioner be issued a new DD Form 214 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. 
 
7/6/2021
Executive Director