DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 YTC Docket No: 1074-18 HAR 2 3 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NA VAL RECORD OF FORMER Ref: (a) lOU.S.C. 1552 Encl: (1) DD Form 149 (2) Case summary I. Pursuant to the provisions ofreferences (a), Petitioner, a former enlisted member ofthe Navy, filed enclosure (1) with this Board requesting a change to his naval record, specifically, to correct 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 26 February 2018, 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 ofthe enclosures, relevant portions ofhis naval service 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 (1) was filed in a timely manner and it is in the interest ofjustice to review the application on its merits. c. Petitioner enlisted in the Navy and began a period ofactive duty on April 2010. Petitioner served honorably until his discharge due to completion ofrequired active duty service. Petitioner was discharged from the Navy in the grade ofthird class petty officer on April 2014, with an honorable characterization ofservice. d. Petitioner's was issued a Certificate ofRelease or Discharge from Active Duty (DD Form 214) that reflects his birth name of" ." e. In his application for correction, Petitioner asks that his DD Form 214 be changed to reflect his legal name of" ." Petitioner is a transgender male and has legally Subj: REVIEW OF NAVAL RECORD OF FORMER changed his name. Petitioner provides a November 2017 Court Order from the Court of reflecting the name and male gender. f. Upon review and consideration ofall the evidence ofrecord, the Board concludes that Petitioner's request warrants favorable action. The Board notes that Petition,er has provided legal evidence. to support his request, and as such, his record should be corrected to reflect his legal name of CONCLUSION: In accordance with the foregoing, the Board concludes that Petitioner's DD Form 214 should be changed to reflect Petitioner's legal name of and that Petitioner be reissued anew 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 ofinvasive questions. The Board further concluded that no other changes should be made to Petitioner's record, and .that both the previously issued DD Form 214 bearing the name of and the new DD Form 214 bearing the 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 a new DD Form 214 which reflects the 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 which reflects the name and the updated DD Form 214 which reflects the name . That upon request, the Department ofVeterans Affairs be informed that Petitioner's application was received on 2 February 2018. 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 thata quoruni 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. 2 Subj: REVIEW OF NAVAL RECORD OF , 5. Pursuant to the delegation ofauthority 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 behalfofthe Secretary ofthe Navy. ~al.~ Director 3