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

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD OF FORMER 

Ref: (a) 10 U.S.C. § 1552 

Encl: (1) DD form 149 
      (2) Subject’s naval record (excerpts) 

1. Pursuant to the provisions of the reference, Petitioner, a former filed enclosure 
(1) with this Board requesting the name on her DD form 214 be corrected. The Petitioner is a transgender woman who changed her legal name from        to        in 2001 to align her name with her gender identity. The Petitioner asserted that the appearance of her former name on her DD form 214 is an injustice because it reveals her transgender status every time she presents it and she believes she has been denied employment because of it. The Petitioner included the following supporting documents with her application: corrected birth certificate; letter from surgeon who performed gender re-assignment; social security number record change; retired military identification card with name change;      drivers license with name change; and undergraduate and law school transcripts with corrected name. 

2. The Board, consisting of    ,    ,    and     reviewed Petitioner's allegations of error and injustice on 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, relevant portions of the naval records, as well as applicable statutes, regulations, and policies. 

3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, found as follows: 

 a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

 b. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits. 

 c. The Petitioner began a period of active duty in the Navy on 10 May 1969. She attended Officer Candidate School from 25 November 1969 until 2 April 1970. On 3 April 1970, she was released from active duty to accept a commission as an officer in the Navy Reserve. She retired from the Navy Reserve effective 3 March 2008.

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board found the existence of an injustice warranting relief. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by changing her name from     to     .

Petitioner be issued a new DD form 214 reflecting the name correction. 

That no further action be taken. 

A copy of this report of proceedings be filed in Petitioner’s naval record. 

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) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal 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 of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 


7/15/2019
Executive Director