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

Docket No: 10615-19 
Ref: Signature Date  

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

Ref:   (a) 10 U.S.C. 1552 
       (b) 10 U.S.C. 654 (Repeal)
       (c) UNSECDEF Memo of 20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. 654) 

Encl:  (1) DD Form 149 (NR20190010615) 
       (2) Case summary 

1.  Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to his naval record, specifically, to correct the record to reflect a name change, a change to his narrative reason for separation, and a change to his reentry (RE) code of RE-4.  

1.  The Board, consisting of       , reviewed Petitioner's 
allegations of error and injustice on 16 December 2019, 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 his naval service records, and applicable statutes, regulations, and policies. 

3.  The Board, having reviewed all the facts of record 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 of the Navy.

    b.  It is in the interest of justice to review the application on its merits.  

    c.  Petitioner served honorably in the Navy from 11 January 2006 through 30 November 2006.  He was discharged on the basis of a Homosexual Admission and received an RE-4.

    d.  Petitioner was issued a Certificate of Release or Discharge from Active Duty (DD Form 214) that reflects his birth name of                   .  Petitioner is a transgender individual, and has legally changed his name from                   to                            to align with his gender identity.  

    e.  Petitioner provides a Court Order from the District Court of                ,  Judicial District Court directing a name change to                       and a separate Court Order from the same Court directing a gender change from female to male. 

    f.  Petitioner requests that his name be changed on his DD Form 214 to reflect his legal name of . Petitioner also seeks correction to his narrative reason for separation and RE-4 code due to a change in policy regarding the repeal of “Don’t Ask, Don’t Tell” (DADT).

    g.  Reference (c) sets forth the Department of the Defense’s current policies, standards, and procedures for correction of military records following the DADT repeal of 10 U.S.C. 654.  It provides service Discharge Review Boards with guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reenlistment code to “RE-1J,” when the original discharge was based solely on DADT or a similar policy in place prior to enactment of it and there are no aggravating factors in the record, such as misconduct. 

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                        as he has provided legal evidence to support his request.  Furthermore, the Board noted that Petitioner had received an honorable characterization of service and was separated due to a homosexual admission without any indication of associated aggravating factors.  Accordingly, the Board found that applying reference (c) to Petitioner’s request is appropriate.  The Board determined that in light of reference (c), Petitioner is entitled to a change to his narrative separation reason to reflect “Secretarial Authority,” a change to his SPD code, and a change to his reenlistment code. 

The Board concluded that no other changes should be made to Petitioner’s record.  

With regard to Petitioner’s name change, 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 of invasive questions and to accommodate the changes pursuant to reference (c).  

RECOMMENDATION: 

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

That Petitioner be issued a new DD Form 214 with the name                          , and which reflects an honorable discharge by reason of “Secretarial Authority,” an SPD code of “JFF,” a separation authority of “MILPERSMAN 1910-164,” and an RE code of RE-1J.  

That no further changes be made to the record. 

That a copy of this report of proceedings 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 of Veterans Affairs be informed that Petitioner’s application was received on 6 November 2019. 

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. 


2/11/2020