DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 111-17 NOV 29 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW NAVAL RECORD OF FORMER Ref: (a) Title 10 U.S.C. §1552 (b) SECNAVINST 5420.193 Series Encl: (1) DD Form 149 w/attachments (2) Case summary (3) Certificate ofRelease or Discharge from Active Duty (DD Form 214) (4) US Passport (5) Copy of Driver License with new Gender (6) Social Security Card 1. Pursuant to the provisions ofreferences (a) and (b), Petitioner, a former member ofthe 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. Enclosures(1) through (6) apply. 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 16 October 2017 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, relevant portions ofyour naval record 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. Enclosure (I) was filed in a timely manner. c. Petitioner enlisted in the Navy and began a period ofactive duty on 23 May 1973. On 25 February 1974, the Petitioner was released from active duty with an honorable character of service by reason ofcompletion ofrequired active service. 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, " and gender as a male. d. Petitioner provided official identification such as a driver's license, US passport, social security card, Veteran Affairs picture identification, and a physician affidavit of gender change procedure all showing the name change to ." e. The Board may consider applications forname 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 or gender on the DD Form 214 causes an injustice. Although the military record was correct at the time it was made, 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 gender. In this regard, the change may allow them to obtain various benefits, services and employment without being subject to otherwise invasive questions about their personal history. 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. CONCLUSION Upon review and consideration ofall the evidence ofrecord, the Board concludes that Petitioner's request warrants favorable action. The Board notes the legal actions taken by civil agencies 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 with the name change are warranted to eliminate the possibilities ofinvasive questions. The Board further concluded that no other changes should be made to Petitioner's record, and that "previously issued DD Form 214 and the new DD Form 214 and bearing the Petitioner's new name should remain in the record for historical purposes. RECOMMENDATION: That Petitioner's naval record, specifically Block 1 ofthe DD Form 214, be corrected to reflect the name ." That Petitioner be issued new DD Form 214 which reflects the Petitioner's current name. Note: currently DD Form 214's issued do not identify a gender ofmale or female as it was previously done when the Petitioner separated. Therefore, the new DD214 issued would only show the Petitioner's name change. That no further changes be made to the record. 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. That upon request, the Department ofVeterans Affairs be informed that Petitioner's application was received on 3 January 2017. 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 ofthe Board's proceedings in the above entitled matter. Recorder 5. Pursuant to the delegation ofauthority set out in Section 6( e) ofthe revised Procedures ofthe Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on behalf of the Secretary ofthe Navy. Executive Director