DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 4295-19  
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 with attachments 

1.  Pursuant to the reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting that her characterization of service be changed from uncharacterized (entry-level separation) to honorable and change her first name listed on her Certificate of Release of Active Duty (DD Form 214) from “                  .” 

2.  The Board, consisting of               reviewed Petitioner's allegations of error and injustice on 11 June 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 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 the enclosure 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 and began a period of active duty on 24 September 1992.  On 10 December 1992, Petitioner was diagnosed by a medical board with a reactive airway disease and referred to a Physical Evaluation Board (PEB) for further disposition.  On 8 January 1993, Petitioner was informed of the opinion and recommendation of the medical board and desired not to make a statement.  On 1 February 1993, PEB found Petitioner unfit for duty and recommended administrative discharge from the naval service, but without further disability benefits.  On 3 February 1993, Petitioner accepted the PEBs preliminary findings and waived her right to a formal hearing.  On 12 February 1993, the discharge authority directed administrative discharge from the naval service with an uncharacterized entry-level separation by reason of physical disability.  On 19 February 1993, Petitioner was discharged. 

d.  Petitioner contends that she was awarded benefits as 10% service connected veteran and her legal name needs to  reflect its correct spelling. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. 

Regarding Petitioner’s request for name change, the Board noted Petitioner has provided sufficient legal evidence supporting her request.  The Board found the legal actions taken by civilian authorities to change Petitioner’s name support a change to her DD Form 214 to reflect Petitioner's legal name of  "		       ."

Regarding Petitioner’s request for upgrade of her characterization of service, the Board concluded no relief is warranted given the diagnosed medical condition.  Further, applicable regulations authorize an uncharacterized entry-level separation if the processing of an individual's separation begins within 180 days of the individual's entry on active service.  In regard to Petitioner’s contention the criteria used bythe Department of Veterans Affairs in determining whether a former servicemember is eligible for benefits are different than that used by the Navy when determining a member’s discharge characterization. Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 

RECOMMENDATION: 

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

That Petitioner's naval record, specifically, Block 1 of the DD Form 214, be corrected to reflect the name "       
    " instead "			."

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 by the Board on 17 April 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.