DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 11546-19                                                            
Ref: Signature Date 
 
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 
          (2) Subject's naval record (excerpts) 

1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that her name be changed on her records to reflect her new name, as ordered by an             court.  She is alleging disclosure of former name reveals transgender status.  This is 
an injustice due to social stigma. 

2.  The Board, consisting of                                                                  , reviewed Petitioner's allegations of error and injustice on 23 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 her naval records, 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.  Petitioner enlisted in the Navy and began a period of active service on 5 March 1975.  She was discharged on 31 March 1980.  On 27 June 2019, 
          changed her birth certficate to reflect her name change. 

CONCLUSION 

The Board reviewed Petitioner’s application under the guidance provided in reference (a).  Specifically, the Board considered whether Petitioner’s application was the type that was intended to be covered by these policies.  Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. 

The Board's decision is based on Petitioner’s contention that she changed her gender, and disclosure of her former name reveals transgender status.  This is an injustice due to social stigma.  The Board notes that the member’s record change would facilitate veterans’ benefits. 

RECOMMENDATION 

In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: 

Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) on which Petitioner's name is changed to"                    ."

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 18 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 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. 


4/23/2020