DEPARTMENT OF THE NAVY BOAAD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SJN Docket No: 0007-18 APR I 0 2018 From: Chairman, Board for Correction ofNaval Records (BCNR) To: Secretary ofthe Navy Subj: REVIEW NAVAL RECORD OF FORMER , [PRESENTL Ref: (a) 10 U.S.C. 1552 (b) SECNA VINST 5420.193 Series (c) SECNAVINST 1650.lH Encl: (1) DD Form 149 (2) Subject's naval record (excerpts) (3) Certificate of Release or Discharge from Active Duty (DD Form 214) (4) Circuit Court or'the City of , State of Court Order 1. Pursuant to the provisions ofreferences (a) and (b), Petitioner, a former member ofthe Navy, filed enclosure (1) with this Board reqJlesting a change to her naval record, specifically, to correctthe record to reflect a name change. Enclosures (2) through ( 4) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 9 April 2018 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 ofthe 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. Petitioner enlisted in the Navy and began a period ofactive duty on August . On November , Petitioner was discharged with an uncharacterized (entry level separation) due to an erroneous entry. In this regard, Petitioner was issued a Certificate of Release or Discharge from Active Duty (DD Form 214) based on the name used while serving in the Navy, specifically, " as evidenced by enclosure (2). · , State of ordered and adjudged " as evidence by enclosures (4). c. A Circuit Court ofthe City of Petitioner's name change to Subj: REVIEW NAVAL RECORD OF FORMER , [PRESENTLY d. 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 Forms 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 of gender 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. 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 of all 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 that, the DD Forms 214 should be changed to reflect the Petitioner's present name and that Petitioner be issued "new and updated" DD Forms 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 new and updated DD Forms 214 are warranted to eliminate the possibilities ofinvasive questions. The Board further concluded that no other changes should be made to Petitioner's record, and that "previously issued DD Forms 214 and the new DD Forms 214 bearing the Petitioner's new name should remain in the record for historical purposes. RECOMMENDATION: Petitioner's naval record, specifically, Block 1 ofthe DD Form 214, be corrected to reflect the name " " instead of" ." Petitioner be issued new DD Form 214 which reflects the Petitioner's current name. No further changes be made to the record. A copy of this report ofproceedings be filed in Petitioner's naval record, along with the previously issued DD Form 214, DD Form 215, and NAVPERS 1070/615, and the corrected DD Form 214 and corrected NAVPERS 1070/615 which reflect Petitioner's name change. Upon request, the Department ofVeterans Affairs be informed that Petitioner's application was received in 8 December 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 ofthe Board's proceedings in the above entitled matter. 2 Subj: REVIEW NAVAL RECORD OF FORMER , [PRESENTLY 5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures ofthe Board for Correction ofNaval Records (32 Code of Federal 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 ofthe Navy. Executive Director 3