Docket No: 2355-21 
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  
            [PRESENTLY , XXX-XX-] 
 
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), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to reflect a name change and to change the nearest relative listed on his Certificate of Release or Discharge from Active Duty (DD Form 214).   
 
2.  The Board consisting of Mr. , Mr. , and Mr.  reviewed Petitioner’s allegations of error and injustice on 28 April 2021, and, pursuant to its regulations, determined that the corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, 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.  Petitioner enlisted in the Navy and began a period of active service on 5 August 2014.  On 23 May 2018, Petitioner was discharge with an honorable characterization of service by reason of condition, not a disability.   
  
     c.  At the time of Petitioner’s entry into the Navy, Petitioner’s legal name was “ .”  After discharge from the Navy, Petitioner, who is transgender, had his name legally changed from “” to “” to align with his gender identity. 
       
     d.  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.   
 
     e.  Petitioner provides the following forms of evidence with his current legal name   to support his request for correction: court ordered name and gender change decree, and a driver’s license from the State of . 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants partial favorable action.   
 
The Board determined no error on injustice with the nearest relative listed on Petitioner’s DD Form 214, therefore, Petitioner’s request to change the nearest relative does not warrant favorable action. 
 
The Board noted Petitioner has provided legal evidence supporting his request.  The Board found the legal actions taken by civilian authorities to change Petitioner’s name to align with his gender identity, along with the provisions/guidance of reference (b), support a change to Petitioner’s DD Form 214.   
 
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, and that both the previously issued DD Form 214 bearing the name “” and the new DD Form 214 bearing the name “ ” should remain in the record for historical purposes.  In accordance with the foregoing, the Board concluded the DD Form 214 should be corrected to reflect Petitioner’s legal name and that Petitioner be issued an updated DD Form 214. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner be issued a new DD Form 214 reflecting the name “.”   
 
Petitioner be issued a new discharge certificate reflecting 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 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. 

5/30/2021


Executive Director