DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 1854-00
7 June 2001
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 wlattachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with this
Board requesting in effect, that the DD Form 214 and associated
service pages be corrected to show her current name and sex.
2. The Board, consisting of Messrs. Dunn, carl'gen, and Beckett, '
reviewed Petitionerls allegations of error and injustice on 6
June 2001 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, 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 it appears that enclosure (1) was not filed in
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
c. Petitioner, who was then a male, reenlisted in the Marine
Corps on 23 August 1982 after more than six years of prior active
service.
t I
d. Petitioner served without incident until 23 December 1987
when he was counseled about appearing in public dressed as a
woman. Subsequently, he was honorably discharged by reason of
h ~ s t inter~st of the s e r v i w on 18 July 198G.
e. In support of the application, Petitioner submitted a court
order and birth certificate which reflect that she has changed
her name from Chalmer Randy Messer to Cathryn Henae Messer.
f. In some situations, a former servicemember will be provided
with a "Statement of Serviceu. This document sets forth the
individual's name, other identifying data, and the period of time
the individual served on active duty and in the Naval Reserve.
Such a statement could be issued to Petitioner in her current
name, and this statement of service would be added to the record.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
relief. The Board believes that it would be appropriate to
create a document that will show Petitioner's period of service
with her present name and gender. The Statement of Service for
Petitioner should set forth her current name and the dates she
served on active duty. However, the Board also believes that a
correction to Petitioner's DD Form 214, or any other parts of the
service record, would be inappropriate since those records
correctly show that a man named Chalmer R. Messer served in the
Marine Corps from 10 August 1976 to 18 July 1988. Accordingly,
the Board believes that such a Statement of Sepice should be
provided to Petitioner showing her current name and the periods
of service.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION :
a. That a Statement of Service be prepared for Petitioner
showing the time served on active duty and her present name and
gender.
b. That a copy of the foregoing Statement of Service be placed
in Petitioner's naval record.
c. That no further relief be granted.
d. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4. It is certified that a quorum was present at the Board's
1
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
Acting Recorder
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.
Executive
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