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

Docket No: 1070-19/ 3889-18
Ref: Signature Date 

Dear 

This letter is in reference to your reconsideration request received on 8 January 2019. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
  
Because your application was submitted with a new statement and information that was not previously considered, the Board found it in the interest of justice to review your most recent application.  In this regard, your current request was carefully examined by a three-member panel of the Board, sitting in executive session, on 9 April 2020. The names and votes of the members of the panel will be furnished upon request.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, available portions of your naval record, and applicable statutes, regulations and policies. 

You enlisted in the Navy on 24 May 2005 and served on active duty until 12 August 2005. You were discharged with an uncharacterized entry level separation due to failed medical physical procurement standards. 
 
The most recent Board considered your request to have the entirety of your records changed to reflect your genetic sex as female.  Your current application requests reconsideration and again seeks a change to your entire record as well as corrections to blocks 17 and 19b.  The Board considered your request to change your entire record to reflect your genetic sex as female in light of the documentation you provided showing you were misidentified as male at birth but it has now been determined you are, and have always been, genetically female based on your chromosomes.  The Board does not dispute that you are genetically female but determined the interest of justice does not mandate the change be made throughout your record.  The Board, noting that the documentation required to obtain various benefits, services, employment, etc. has been changed appropriately through previous Board action to reflect your name change, determined it was unduly burdensome to change your genetic sex throughout your record.  Further, the Board noted that the provisions regarding name changes does not require changes to be made throughout the record and applied the same provisions to the administratively taxing request to change your genetic sex throughout your record.  

Additionally, the Board considered your request to change block 17 to reflect you did not receive a complete dental examination within 90 days prior to separation.  The Board, noting you were discharged in 2005, determined it was unduly burdensome for action to be taken to administratively reissue a revised DD Form 214 when the purpose for the data is no longer applicable since, by your statement, you received dental care from the Department of Veterans Affairs after discharge.
  
Lastly, the Board considered your request to change block 19b (nearest relative) to reflect your biological father’s name but did not find evidence of an error or injustice that warrants the change because the DD Form 214 is not a “living” document that is updated with subsequent 
changes.  

It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

It is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely,