Docket No: 11480-19 
From:  Chairman, Board for Correction of Naval Records 
To:  Secretary of the Navy 

Ref:  (a) 10 U.S.C. § 1552 
Encl: (1) DD Form 149 

1. Pursuant to the reference, Petitioner, filed the enclosure with this Board requesting that her name be changed on her records to reflect her new name, as ordered by an is alleging disclosure of former name reveals transgender status.  This is an injustice due to social stigma. allegations of error and injustice on 16 March 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 his naval records, and applicable statutes, regulations, policies. 

2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 16 March 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 his naval records, and applicable statutes, regulations, 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.  Petitioner enlisted in the Navy and began a period of active service on 28 May 1976.  She was discharged on 23 May 1980.  On 22 October 2018, a (CO) court ordered her name changed to 
 
c.  Petitioner’s contends that disclosure of her former name reveals transgender status and that this is an injustice due to the social stigma.  

CONCLUSION 

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 Form 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 gender.  In this regard, the change may allow them to obtain various benefits, services, employment, etc., without being subject to otherwise invasive questions about their personal history.  

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 gender and concludes that theDD Form 214 should be changed to reflect the Petitioner’s present name, and that Petitioner be issued 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 of invasive 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 and the new DD Form 214 bearingthe Petitioner’s new name should remain in the record for historical purposes. 

RECOMMENDATION 

In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty reflecting that Petitioner’s name is 

A copy of this Report of Proceedings be filed in Petitioner’s naval record. 

No further relief be granted. 

Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 9 December 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.