DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 190-01
26 June 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF 2ii—————ii-a/lec..ccibormarttiat,
Ref: (a) 10 U.S.C. 1552
Encl: (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. Silberman, and Ms.
Madison, reviewed Petitioner’s allegations of error and injustice
on 20 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, enlisted in the Navy on 4
February 1964 at.age 19. On 28 December 1967 he was honorably
separated and transferred to the Naval Reserve. On 3 February
1970 he was honorably discharged from the Naval Reserve.
d. In support of the application, Petitioner submitted an
affidavit from a surgeon performed gender reassignment surgery on
her, and a court order which reflects that she has changed her
name from Joseph M. Martinez to Jodi Martin.
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. 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 Joseph M. Martinez served in the
Navy from 4 February 1964 to 3 February 1970. 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 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
review and deliberations, and that the foregoing is a true and
complete record of the Board’s proceedings in the above entitled
matter. Ze
ROBERT D. ZSALMAN ALAN E. GOLDSMITH
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.
Ly
WwW. EAN
Executive t
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