DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1750-17 MAY 22 2017 From: Chairman, Board for Correction ofNaval Records · To: Secretary ofthe Navy Ref: (a) 10 U.S.C. 1552 (b) SECNAVINST 5420.193 Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record (excerpts) 1. Pursuant to the provisions ofreferences (a) and (b), Petitioner, filed enclosure (1) with this Board requesting a change to Petitioner's Naval record, specifically, to reflect a name change. Enclosures (1) through (3) apply. 2. The Board reviewed Petitioner's allegations oferror and injustice on 9 May 2017 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 the 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 limitation and review the application on its merits. c. Petitioner enlisted in the Navy and began a period ofactive service on 17 February 2010. On 16 February 2014 she was honorably discharged and transferred to. the fleet reserve. 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. On 13 February 2017, a County Court ordered adjudged Petitioner's name changed 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 personnel 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 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. 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 authorities to change Petitioner's name and concludes that PetitiOner's DD Form 214 should be changed to reflect the Petitioner's present name and that he be issued "new and updated" DD Forms 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 ofinvasive questions. The Board further concluded that no other changes should be made to Petitioner's record, and that both "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. RECOMMENDATION: That Petitioner's Naval record, specifically, Block 1 ofthe DD Form 214, be corrected to reflect the mime instead of That Petitioner be issued a new DD Form 214 which reflects the Petitioner's current name. 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 of Veterans Affairs be informed that Petitioner's application was received in 17 February 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. 5. Pursuant to the delegation ofauthority set out in Section 6( e) ofthe revised·Procedures of the Board for Correction ofNaval Records (32 Code ofFederal Regulation, Section 723.6(e)) and havirig 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. Executive Director