DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3168-17 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD OF FORMER Ref: (a) 10 U.S.C. 1552 (b) SECNA VINST 5420.193 Series Encl: (1) DD Form 149 (2) Subject's naval record (DD Form 214s) 1. Pursuant to the provisions ofreferences (a) and (b), Petitioner, a former , filed enclosure (I) with this Board requesting a change to Petitioner's naval record, specifically, to correet the record to reflect a name change. Enclosures (1) and (2) apply. 2. The Board, consisting of reviewed Petitioner's allegations oferror and injustice on 12 May 2017, and pursuant to its regulations, determined that the partial 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 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 ofthe Navy. b. Enclosure (I) was filed in a timely manner. c. Petitioner enlisted in the Navy and began a period ofactive duty on 13 November 1970, commissioned a chief warrant officer, W2 on 1May1984. He was honorably retired as a chief warrant officer, W4 on 31 January1993. During his service, Petitioner was issued Certificates of Release or Discharge from Active Duty (DD Form 214) based on the name used while serving in the Navy, specifically, d. On 13 March 2013, a Circuit 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 214s 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 sex/gender. In this regard, the change may allow them to obtain various benefits, services, employment, etc., 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 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 "new and updated" DD Form 214s. In this regard, the Board noted that normally a DD Form 215 would be issued to correct the record, however, the Board concluded that new and updated DD Form 214s is warranted to eliminate the possibilities 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 214s and the new DD Form 214s bearing the Petitioner's new name should remain in the record for historical purposes. RECOMMENDATION: Petitioner's naval record, specifically, Block 1 ofthe DD Form 214, be corrected to reflect the name instead Petitioner be issued a DD Form 214(s), which reflect the enlisted service, in Petitioner's current name. Petitioner be issued a DD Form 214, which reflects the commissioned officer service, in Petitioner's current name. No further changes be made to the record. A copy of this report ofproceedings be filed in Petitioner's naval record, along with the previously issued DD Form 214s and the corrected DD Form 214s which reflect Petitioner's name change. Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received in 4 April 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 of the Board's proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) ofthe revised Procedures ofthe Board for Correction ofNaval Records (32 Code ofFederal 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 of the Secretary ofthe Navy. Executive Director