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

Docket No: 5497-21 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Commandant of the Marine Corps   
 
Subj:  REVIEW OF NAVAL RECORD OF FORMER [PRESENTLY , XXX-XX-, USMCR] 
 
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), Subject, hereinafter referred to as Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to her naval record, specifically, to correct the record to reflect a name change.  Enclosures (1) and (2) apply. 
 
2.  The Board, reviewed Petitioner's allegations of error and injustice on 15 September 2021, 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. Although enclosure (1) was not filed in a timely manner, it is in the interests of justice to waive the statute of limitations and review the application on its merits. 
 
    c. Petitioner enlisted into the Marine Corps Reserve (USMCR) on .  At the time of her enlistment, Petitioner’s legal name was “.”  On 27 February 2014, Petitioner was discharged from the USMCR.  During Petitioner’s service in the USMCR, she completed two periods of active duty (10 October 2006 to 16 March 2007 and 10 September 2007 to 6 October 2008).  In this regard, Petitioner was issued Certificates of Release or Discharge from Active Duty (DD Forms 214) based on the name used while serving in the Marine Corps, specifically, “.”  
  
    d. After discharge from the USMCR, Petitioner, who is a transgender woman, had her name legally changed from “” to “” to align with her 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.  However, the provisions/guidance only apply to the service-member’s DD Form 214, and as such, no further changes will be made to the record, including changing gender identifiers. 
 
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 “Certificate of Name Change” from the Superior Court for the state of Illinois, dated 30 September 2015) supporting her request.  The Board found the legal actions taken by civilian authorities to change Petitioner’s name to align with her gender identity, along with the provisions/guidance of reference (b), support a change to her 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 Forms 214, and the new DD Forms 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's naval record, specifically, Block 1 of the DD Forms 214, be corrected to reflect the name “,” instead of “.”  
 
Petitioner be issued new DD Forms 214 which reflects the name “.”  
 
Petitioner be issued a new discharge certificate 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 “.” 
 
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. 
 
                                                                              
Sincerely, 
Executive Director