DEPARTMENT. OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 YTC Docket No: 1236-18 MAY 0 7 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER Ref: (a) 10 U.S.C. 1552 . Encl: (1) DD Form 149 (NR20180001236) (2) Case summary I. Pursuant to the provisions ofreferences (a), Petitioner, a former enlisted Sailor in the Navy, filed enclosure (1) with this Board requesting a change to her naval record, specifically, to correct the record to reflect a name change. Enclosures (I) and (2) apply. 2. The Board, consisting of , and reviewed Petitioner's allegations oferror and injustice on 12 March 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 of her 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. Although enclosure (I) was not filed in a timely manner, it is in the interest ofjustice to review the application on its merits. c. Petitioner served in the Navy from October , until she was honorably discharged on June . d. Petitioner was issued a Certificate ofRelease or Discharge from Active Duty (DD Form 214) that reflects her birth name of . e. In her application for correction, Petitioner asks that her DD Form 214 be changed to . with her gender identity. Petitioner provides a reflect her legal name of Petitioner has legally changed her name to align driver's license that reflects her legal Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER name of , as well as medical documentation from dated September , that indicates she is undergoing appropriate clinical treatment for gender transition from male to female. f. Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants favorable action. The Board notes that Petitioner has provided legal evidence to support her request, and as such, her record should be corrected to reflect her 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 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 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 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 name . . That Petitioner be issued a new DD Form 214 which reflects the That no further changes be made to the record. That a copy of this 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 8 February 2018. 4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction ofNaval Records (32 Code of Federal Regulations, Section 723.6(c)), 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. 2 Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER 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 behalf ofthe Secretary of the Navy. ~·?