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NAVY | BCNR | CY2000 | 01854-00
Original file (01854-00.pdf) Auto-classification: Approved
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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