DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
              
Docket No: 2752-21 
Ref: Signature Date 
 
Dear 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 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, sitting in executive session, considered your application on 23 June 2021.  The names and votes of the panel members 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 the 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, 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). 
 
You enlisted in the Marine Corps and began a period of active duty on 10 February 1981.  Subsequently, on 9 February 1985, you were discharged from the Marine Corps with a general (under honorable conditions) characterization of service. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your submission of supporting documentation and your desire to change your name on your Certificate of Release or Discharge from Active Duty (DD Form 214) from “” to “.”   
 
There is no evidence that “” was erroneous at the time the records were created.  Additionally, there is no evidence or reason to believe that retaining “” in the  records will cause any hardship or injustice.  The Board’s well-established precedent is to grant name change requests only when the name to be changed presents a hardship under the circumstances.  For example, the Board routinely grants requests to change names on official records when a name change subsequent to naval service would require an applicant to reveal potentially embarrassing or discriminatory information in order to associate their current name with their naval record (e.g., transgender name changes), but routinely denies name change requests based upon marriage or court-ordered name changes.  The latter simply does not present a hardship or injustice for the applicant to prove that they are the person described in the record.  
Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
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, 

7/15/2021
Executive Director