DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1116-19 Date: Ref Signature From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) OSD/DOD Name Change Provisions/Guidance Encl: (1) DD Form 149 with attachments (2) Subject’s naval record (Excerpt) 1. Pursuant to the provisions of references (a) and (b), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting a change to her record, specifically, to correct the record to reflect a name change and gender change. Enclosures (1) and (2) 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 5 February 2020 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 Petitioner’s naval service record, as well as 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. Enclosure (1) was filed in a timely manner. c. Petitioner enlisted in the Marine Corps and began a period of active duty on 20 March 1975. On 28 March 1979, Petitioner was honorably discharged. In this regard, Petitioner was issued a Report of Separation from Active Duty (DD Form 214) based on the name used while serving specifically, " ." d. On 26 May 2016, , ordered and adjudged Petitioner’s name e. On 2 November 2018, the issued the Petitioner a birth certificate reflecting the . CONCLUSION: Upon review and consideration of all the evidence of record, 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 concludes that the DDForm 214 should be changed to reflect the Petitioner’s present name. In this regard, theBoard noted that normally a DDForm 215 would be issued to correct the record; however, the Board concluded that a new DD Form 214 is warranted to eliminate the possibilities of invasive questions. In regard to the Petitioner’s request to adjust the listed on her discharge documents, the Board noted the current DD Form 214 does not indicate gender of service member therefore, no change is required. In view of the above, the Board directed the following corrective action: RECOMMENDATION: That Petitioner’s naval record, specifically, Block 1 of the DDForm 214, be corrected to reflect the name " instead of " ." That Petitioner be issued a new DD Form 214, which reflects the Petitioner’s current name. 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 and the corrected DD Form 214, which reflects Petitioner’s name change. That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 9 January 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 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 of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.