Docket No. 2043-21
 
From:   Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
 
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) BUPERSINST 1900.8B  
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that Petitioner’s naval record be corrected by changing Petitioner’s name and rank on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214) dated 3 June 2005.  
                                              
2.  The Board, consisting of , and  reviewed Petitioner’s allegations of error and injustice on 6 July 2021 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 record, 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.  On 4 June 2001, Petitioner entered active duty. 
 
     c.  On 3 June 2005, Petitioner was released from active duty and transferred to the Marine Corps Reserve. 
 
     d.  On 1 January 2006, Petitioner was promoted to the rank of Sergeant in the Marine Corps Reserve. 
 
     e.  On 6 July 2008, Petitioner was discharged from the Marine Corps Reserve. 
 
     f.  On 4 June 2020, Petitioner changes his name to  
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board noted Petitioner has provided sufficient legal evidence, specifically, the “Certificate of Name Change” from the District Court of   dated 4 June 2020, supporting said request.  The Board found the legal actions taken by civilian authorities to change Petitioner’s name to align with Petitioner’s gender identity supports the change to Petitioner’s DD Form 214 to reflect said legal name. 
 
In this regard, the Board noted that normally a DD Form 215 would be issued to correct the record, however, the Board agreed 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.  The Board finds the existence of a partial injustice warranting the following partial corrective action. 
 
As to the Petitioner's request change his rank to Sergeant on his DD Form 214 issued on 3 June 2005, the Board noted that the Petitioner was promoted to Sergeant after being released from active duty and while in the Marine Corps Reserve.  The Board further noted that in accordance with reference (b), paragraph 4, Certificate of Release or Discharge from Active Duty (DD Form 214) is only issued for active duty service, thus Petitioner’s grade of E4 reflects the proper grade at the time Petitioner’s DD Form 214 was issued.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner be issued a new DD Form 214, which reflects the name ” vice “   
 
Petitioner be issued a new discharge certificate, which reflects the name  vice .” 
 
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  
 
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. 
 
          							
8/21/2021
Deputy Director