DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 723-17
JUL 21 2017 
 
From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy  


Ref:  (a) Title 10 U.S.C. 1552 
(b) SECNAVINST 5420.193 Series  
Encl:  (I) DD Form 149 w/attachments 
(2) Case summary 
(3) Court Order Changing Name 
(4) DD Form 214  

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 ( 4) apply. 

2. The Board reviewed Petitioner's allegations oferror and injustice on 12 April 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 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. Enclosure (I) was filed in a timely manner. 

c. Petitioner enlisted in the Navy and began a period ofactive duty on 8 February 1983. On 7 December 1990, 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 while serving in the Navy, specifically, 

d. A  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 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 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 authorities to change Petitioner's name and gender and concludes thatthe 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 no other changes should be made to Petitioner's record, and that both the previously issued DD Form214 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 I ofthe DD Form 214, be corrected to reflect 

That Petitioner be issued a new Certificate ofRelease or Discharge from Active duty (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 ofVeterans Affairs be informed that Petitioner's application was received on 30 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 of the Board' s proceedings in the above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Section 6( e) of the 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 bytheBoard on behalf ofthe Secretary ofthe Navy. 

Executive Director