DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 YTC Docket No: 687-18 MAR 2g 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD OF FORMER SEAMAN Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 (2) Case summary 1. 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 5 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 of his 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 (1) was not filed in a timely manner, it is in the interest ofjustice to review the application on its merits. c. Petitioner enlisted in the Navy and served honorably from July 2004 through April 2005. g. Petitioner's was issued a Certificate ofRelease or Discharge from Active Duty (DD Form 214) that reflects his birth name of . Subj: REVIEW OF NAVAL RECORD OF FORMER SEAMAN e. In his application for correction, Petitioner asks that his D Form 214 be changed to reflect his legal name of . Petitioner has legally changed his name to align with his gender identity. Petitioner provides a December 2013 Court Order from the County District Court, State of ordering a name change from to . Petitioner also provides a copy ofhis birth certificate from the State of which reflects his gender as male. Additionally, Petitioner provides copies ofhis. updated passport and driver's license which reflect the legal name of and his gender as male. f. Upon review and consideration ofall the evidence ofrecord, the Board concludes that Petitioner's request warrants favorable action. The Board notes that Petitioner 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 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 214. bearing tqe 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 ofthis report ofproceedings be filed in Petitioner's naval record, along with the previously issued DD Form 214 which reflects the name updated DD Form 214 which reflects the name and the That upon request, the Department ofVeterans Affairs be informed that Petitioner's application was received on 23 January 2018. 2 Subj: REVIEW OF NAVAL RECORD OF FORMER SEAMAN 4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction of Naval Records (32 Code ofFederal 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. 5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures of the Board for Correction ofNaval Records (32 Code ofFederal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby anr{ounced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy. · · · Director 3