DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8241-16 DEC 12 2016 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW NAVAL RECORD OF Ref: (a) 10 U.S.C. 1552 (b) SECNAVINST 5420.193 Series (c) 10 U.S.C. 654 (Repeal) (d) UNSECDEF memo of20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. 654) Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record (DD Form 214) 1. Pursuant to the provisions ofreferences {a) and (b), Petitioner, a former member of the Navy, filed enclosure (1) with this Board requesting a change to Petitioner's naval record, specifically, to correct the record to reflect a name change. He also impliedly requested that his narrative reason for separation "homosexual admission," Separation Program Designator (SPD) "HRB," "RE-4" (not recoinmended for retention) reentry code, and separation authority be changed per reference ( d). Enclosures (1) through (3) apply. 2. The Board, consisting of , and reviewed Petitioner's allegations oferror and injustice on 18 November 2016 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 ofthe enclosures, naval records, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts ofrecord 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 ofthe Navy. b. Although enclosure (1) was not filed in a timely manner, it is in the interest ofjustice to waive the statute oflimitations and review the application on its merits. c. Petitioner entered the Navy and began a period of active duty on 27 March 2002. On 22 August 2006, Petitioner was discharged due to a homosexual admission with an honorable characterization of service. The Board found no evidence of misconduct or other aggravating factors surrounding the Petitioner's homosexual admission on active duty. In this regard, Petitioner was issued a Certificate ofRelease or Discharge from Active Duty (DD Form 214) based on the name used while serving in the Navy, specifically, d. After undergoing gender reassignment, a District Court ordered and adjudged Petitioner's name change to ." e. The Board may consider applications for name changes to a Petitioner's DD Form 214 to correct an error or remove an injustice. The Petitioner provided justification demonstrating that having the former name on the DD Form 214 causes an injustice. Although the military record was correct at the time it was made, former military pers_onnel who have legally changed their name and sex, or are the subject ofgender 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 fo otherwise invasive questions about their personal history. f. Reference (c) sets forth the Department of the Defense's current policies, standards, and procedures for correction ofmilitary records following the "Don't Ask, Don't Tell" (DADT) Repeal of 10 U.S.C. 654. It provides Discharge Review Boards with the guidance to grant requests to change the narrative reason for discharge to "secretarial authority," SPD code to "JFF," re-characterize the discharge to honorable, and reenlistment code to "RE-IJ," when the original discharge was based solely on DADT or a similar policy in place prior to enactment of it, and there are no aggravating factors in the record, such as misconduct. CONCLUSION: Upon review and consideration ofall the evidence of record, the Board concludes that Petitioner's request warrants favorable action. The Board notes the legal actions taken by civil authorities to change Petitioner's name and gender and concludes that the DD Form 214 should be changed to reflect the Petitioner's present name, and that Petitioner be issued a "new and updated" 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 that a new and updated DD Form 214 is warranted to eliminate the possibilities of invasive questions. The Board further concluded that both the previously issued DD Form 214 and the new DD Form 214 bearing the Petitioner's new name should remain in the record for historical purposes. Additionally, the Board noted that the Petitioner was processed for administrative separation due to a homosexual admission and concludes that the original discharge was based solely on DADT or a similar policy in place at the time of separation. Based on the Petitioner's record of service, and especially in light ofreferences ( c) and ( d), the Board concludes that Petitioner's request warrants additional relief in the form ofcorrection to the narrative reason for separation, SPD code, reenlistment code, and separation authority. RECOMMENDATION: a. That Petitioner's naval record, specifically, Block 1 ofthe DD Form 214, be corrected to reflect the name " " instead ." b. That Petitioner's naval record be corrected to show that on 22 August 2006, the separation authority was "MILPERSMAN 1910-164," that the narrative reason for separation was "secretarial authority," SPD code be changed to "JFF," and reentry code be changed to "RE-IJ." c. That Petitioner be issued a new DD Form 214 which reflects the Petitioner's current name. d. That a copy ofthis report ofproceedings be filed in Petitioner's naval record, along with the previously issued DD Form 214 and the corrected DD Form 214 which reflects Petitioner's name change. e. That upon request, the Department of Veterans Affairs be informed that Petitioner's application was received on 16 September 2016. 4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction ofNaval Records (32 Code ofFederal Regulations, Section 723.6(c), 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 ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6( e) ofthe revised Procedures of the Board for Correction ofNaval 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 ofreference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy.