DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COUTHOUSE RD SUITE 1001 ARLINGTON VA 22204 Docket No: 3131-19 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 (NR20190003131) 1. Pursuant to the provisions of references (a), Petitioner, a retired Navy Sailor, filed the enclosure with this Board requesting a change to her naval record, specifically, to correct her last name to align with her legal last name of “” and to correct her date of birth from . 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 26 May 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 service records, and 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 review the application on its merits. c. Petitioner enlisted in the Navy and served honorably until her retirement on 31 August 1994. Petitioner was issued a Certificate of Release or Discharge from Active Duty (DD Form 214), which reflected a last name of ” and the birth date .” d. At the time of her retirement in 1994, Petitioner was married with the last name " Petitioner divorced on , Petitioner received a court order from the , which directed that her name be changed from ” to ,” and that her date of birth be amended to . e. Petitioner requests that her record be corrected to reflect the name ” and the date of birth of . “ Petitioner states that she used the last name “ ” since her childhood and during her military career, with the exception of her marriage. She contends that the date of birth in her military records is incorrect and should be changed to " ." Petitioner provides a copy to the directing her name change and date of birth amendment, along with a , (reflecting the date of birth of ). f. Petitioner would like all of her military and Veterans Affairs records to align with her legal last name and correct date of birth. COCLUSION The Board considered Petitioner’s request and reviewed the documents she submitted in support of the name change and date of birth change. With respect to Petitioner’s request for a change to her last name, the Board noted that “ ” was her legal name at the time of her retirement from the Navy in 1994. The Board found that her last name of " " was neither erroneous nor unjust and determined that a subsequent name change due to a change in marital status does not warrant corrective action to her Certificate of Release of Discharge from Active Duty (DD Form 214). With respect to Petitioner’s request for a change to her date of birth from to , the Board determined that Petitioner’s request is supported by the of , and by the The Board found that Petitioner’s current DD Form 214 reflects an error in the date of birth, and that Petitioner is entitled to corrective action to change her date of birth to . In view of the above, the Board directs the following corrective action: RECOMMENDATION: That Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) that indicates her date of birth is . That no further changes be made to the record. That a copy of this report of proceedings be filed in Petitioner’s naval record. That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 18 March 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.