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NAVY | BCNR | CY2000 | 07208-00
Original file (07208-00.doc) Auto-classification: Approved

                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS

                                2 NAVY ANNEX
      WASHINGTON DC 20370-5100    CRS
      Docket No: 7208—00
      21 May 2001


   From:    Chairman, Board for Correction of Naval Records
   To:      Secretary of the Navy

   Subj:    REVIEW OF NAV~ REflORD OF


   Ref:     (a) 10 U.S.C. 1552

   End:     (1) DD Form 149 w/attachments
         (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 Mr. Pfeiffer, Mr. Shy, and Ms. Newman,
   reviewed Petitioner’s allegations of error and injustice on 9 May 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.    Enclosure (1) was filed in a timely manner.

     c.    Petitioner, who was then a male, enlisted in the Naval
            Reserve on 21 August 1967. He was honorably discharged on 10
            December 1967 for reenlistment in the Navy on 11 December 1967.
            He was honorably discharged by reason of expiration of term of
            service on 10 December 1973. Subsequently, he reenlisted in the
            Naval Reserve on 3 January 1974 and was honorably discharged on
   2
            January 1978.

     d.    In support of the application, Petitioner submitted a social
         security card, driver’s license, and other documents which reflect
         that she has changed her name from
           to.

         e.      In some situations, a former servicemember will be
     provided with a “Statement of Service”. 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 and in the Naval Reserve.
     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.
     served in the Naval Reserve from 21 August to 10 December 1967, in the
     Navy from 11 December 1967 to 10 December 1973, and in the Naval
     Reserve from 3 January 1974 to 2 January 1978. Accordingly, the Board
     believes that such a Statement of Service 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 the Naval Reserve 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
                                        2
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      N~E. GOD   i1Ir~-
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.





































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