DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 851-19 From: Chairman, Board for Correction of Naval Records To: Commandant of Marine Corps Subj: Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 1. Pursuant to the provisions of the reference, Petitioner, filed the enclosure with this Board requesting that her name be changed on her records to reflect her new name, as ordered by a New Mexico court. She is alleging disclosure of former name reveals transgender status. This is an injustice due to confusion in records and adverse employment consequences. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 7 October 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 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 with respect to her name change and block 2. Sex. With regard to the remaining requests, the Petitioner did not exhaust all administrative remedies and so it was not reviewed by this Board. b. Petitioner enlisted in the Marine Corps and began a period of active service on 27 December 1973. She was discharged on 7 February 1977. On 26 September 2005, a New Mexico court ordered her name change. c. Petitioner submitted a personal statement that she is a transgender woman and legally changed her name to align with her new identity. Her existing USMC DD Form 214 is an injustice as it reveals that she was previously identified as “male” making her existing USMC DD Form 214 in conflict with the DoD Official Federal Job Resume with a “female” identifying marker. Her existing USMC DD Form 214 confuses DoD Federal Employers who want to know whether she is male or female. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. Additionally, the Board reviewed her application under the guidance provided in the reference. Specifically, the Board considered whether her application was the type that was intended to be covered by these policies. The Board’s decision is based on Petitioner’s contention that her records conflict on their face. The Board notes that the member’s record change would facilitate Federal employment and avoid unnecessary confusion. RECOMMENDATION In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. Petitioner’s naval record be corrected to show that her name is now changed to -r” and her sex is now changed to female. Petitioner be issued a new DD Form 214, reflecting the corrected information. 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 2 January 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.