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NAVY | BCNR | CY2001 | 05096-01
Original file (05096-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

CRS
Docket No: 5096-01
28 September 2001

Chairman, Board for Correction of Naval Records
Secretary of the Navy

From:
To:

Subj:

--_.

__...____.,

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
retired member of the Marine Corps,
Board reguesting in effect,
service pages be corrected to show her current name and sex.

that the DD Form 214 and associated

filed enclosure (1) with this

2. The Board, consisting of Messrs. Pfeiffer,  
Pauling, reviewed Petitioner's allegations of error and injustice
on 26 September 2001 and,
pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted  
applicable.statutes,

of.the enclosures, naval records, and

Documentary material considered by

regulations and policies.

Novello, and

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,

Corps on 25 October 1972 at age 17.

enlisted in the Marine

d. On 2 May 1973 Petitioner received nonjudicial punishment

for failure to obey a lawful order.
July 1973 and was placed on the Temporary Disability Retired
List.
reason of physical disability.

He was transferred to the Retired List on 1 August 1978 by

Petitioner was injured on 21

e. In support of the application, Petitioner submitted a

doctor's statement and a court order which reflects that she has
Disimone to Danielle Disimone.
changed her name from Michael P.

f. In some situations, a former servicemember will be provided

ttStatement  of Service".

with a 
individual's name, other identifying data, and the period of time
the individual served on active duty and in the Marine Corps.
Such a statement could be issued to Petitioner in her current
name, and this statement of service would be added to the record.

This document sets forth the

CONCLUSION:

The Board believes that it would be appropriate to

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
relief.
create a document that will show Petitioner's period of service
with her present name and gender.
Petitioner should set forth her current name and the dates she
served in the Marine Corps.
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 Michael P. Disimone served in the
Marine Corps from 25 October 1972 to 1 August 1978 when
Petitioner was placed on the Retired List.
Board believes that such a Statement of Service should be
provided to Petitioner showing her current name and the period of
service.

The Statement of Service for

Accordingly, the

In view of the foregoing,
injustice warranting the following corrective action.

the Board finds the existence of an

RECOMMENDATION:

a. That a Statement of Service be prepared for Petitioner

showing the time served in the Marine Corps 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.

2

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.

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  
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.

723-.6 (e))



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