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

Docket No: 5637-19 
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy

Subj:

Ref:  (a) 10 U.S.C. §1552
      (b) OSD/DOD Name Change Provisions/Guidance

Encl: (1) DD Form 149 with attachments
      (2) Case Summary

1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to his naval record, specifically, to correct the record to reflect a name change.  Enclosures (1) and (2) apply.

2. The Board, consisting of	, reviewed          Petitioner's allegations of error and injustice on 17 October 2019, and pursuant to its regulations, determined 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. Enclosure (1) was filed in a timely manner and, accordingly, the Board reviewed the application on its merits.

   c. At the time of Petitioner’s enlistment into the Navy, Petitioner’s legal name was
             .” On 3 June 2012, Petitioner was honorably discharged from the Navy. In this regard, Petitioner was issued a Certificate of Release or Discharge from Active Duty (DD Form
214) based on the name used while serving in the Navy, specifically, “	.” On 27 November 2015, Petitioner was discharged from the U.S. Navy Reserve and issued a NAVPERS 1070/615 Record of Discharge from the U.S. Navy Reserve based on the name used while serving in the Navy, specifically,	.”

   d. After discharge from the Navy, Petitioner, who is a transgender man, had his name legally changed from “	” to “	” to align with his gender identity.
   
   e. Based on the guidance reflected in reference (b) from the Office of the Secretary of Defense (OSD) and Department of Defense (DOD), 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.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants favorable action.

The Board noted Petitioner has provided sufficient legal evidence (specifically, the Decree Changing Name and Gender, from the               , a driver license, and a U.S. Passport Card), supporting his request. The Board found that the legal actions taken by civilian authorities to change Petitioner’s name to align with his gender identity, along with the provisions/guidance of reference (b), support a change to his DD Form 214 to reflect Petitioner’s legal name.

In this regard, the Board noted that normally a DD Form 215 would be issued to correct the record, however, the Board concluded a new and updated DD Form 214 is warranted to eliminate the possibility of invasive questions.  The Board further concluded that no other changes should be made to Petitioner’s record (including not making changes to gender identifiers), and that both the previously issued DD Form 214, and the new DD Form 214 bearing the name “	,” should remain in the record for historical purposes.

RECOMMENDATION:

In view of the above, the Board directs the following corrective action.
Petitioner be issued a new DD Form 214 which reflects the name “	.” Petitioner be issued a new Honorable Discharge Certificate which reflects the name “         .”

Petitioner be issued a new NAVPERS 1070/615 which reflects the 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 214 which reflects the name		,” and the updated DD Form 214 which reflects the name “	.”

That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 5 June 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.