DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                                                                                                
Docket No. 286-19        
Ref: Signature Date  
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW NAVAL RECORD OF FORMER OSSN  USN, 
  
Ref:    (a) 10 U.S.C. § 1552 
        (b) SECNAVINST 5420.193 
 
Encl:   (1) DD Form 149 with attachments 
        (2) Subject’s naval record (DD Form 214) 
 
1.  Pursuant to the provisions of references (a) and (b), Petitioner, a former member of the U.S. Navy, filed enclosure (1) with this Board requesting a change to Petitioner’s Naval record, specifically, to reflect a name change on two of her Certificates of Release or Discharge from Active Duty (DD Form 214s) ending on 21 August 1981 and 15 February 1985.  Enclosures (1) and (2). 
 
2.  The Board, consisting of    reviewed Petitioner’s allegations of error and injustice on 10 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 your application, together with all material submitted in support thereof, relevant portions of your naval 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.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits. 
 
    c.  Petitioner enlisted in the Navy on 22 August 1977.  After completing her first term of enlistment on 21 August 1981, Petitioner reenlisted in the Navy 16 November 1981.  On 15 February 1985, she received an other than honorable discharge.  In this regard, Petitioner received two DD Form 214s based on the name used while serving in the Navy, specifically, ”. 
 
    d.  On 22 October 2012, a Circuit Court of ordered adjudged Petitioner’s name changed to “ 
 
     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 sex/gender.  In this regard, the change may allow them to obtain various benefits, services, employment, etc., without being subject to otherwise invasive questions.  However, the provisions/guidance only apply to the service-member’s DD Form 214, and as such, no further changes will be made to the record. 
 
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 both of Petitioner’s DD Form 214s should be changed to reflect the Petitioner’s present name and that she be issued “new and updated” DD Form 214s.  In this regard, the Board noted that normally DD Form 215s would be issued to correct the record; however, the Board concluded that new and updated DD Form 214s are 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 “previously issued DD Form 214s and the new DD Form 214s bearing the Petitioner’s new name should remain in the record for historical purposes. 
 
In view of the foregoing, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s Naval record, specifically, Block 1 of the DD Form 214s with a separation date of 21 August 1981 and 15 February 1985, be corrected to reflect the name -i instead of “ 
 
That Petitioner be issued new Certificates of Release or Discharge from Active Duty (DD Form 214s) which reflects 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 214s and the corrected DD Form 214s which reflects Petitioner’s name change. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 3 December 2018. 
 
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.