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Decision Text

NAVY | BCNR | CY2002 | 00896-01
Original file (00896-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 896-01
6 April 2001

Secretary of the Navy

From: Chairman, Board for Correction of Naval Records
To:
Subj: REVIEW OF NAVAL
NOW

(a) 10 U.S.C. 1552

Ref:
Encl: (1) DD Form 149 w/attachments

(2) Case Summary
(3) Subject's naval record

filed enclosure (1) with this

that the DD Form 214 and associated

1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy,
Board requesting in effect,
service pages be corrected to show her current name and sex.
2 . The Board, consisting of Messrs. Swarens, Lightle, and
Carlsen, reviewed Petitioner's allegations of error and injustice
on 4 April 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 Navy on  16

February 1978 at age 27.
of expiration of term of service on 15 October 1985.
Subsequently, he reenlisted in the Naval Reserve on   16 October
1985 and was honorably discharged on  14 October 1989.

He was honorably discharged by reason

d. In support of the application, Petitioner submitted a court

order and other documents which reflect that he has changed his
name from Steven M. Pierce to Diane Michelle Pierce.

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

This document sets forth the
with a "Statement of Service".
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
The Board believes that it would be appropriate to
relief.
create a document that will show Petitioner's period of service
The Statement of Service for
with her present name and gender.
Petitioner should set forth her current name and the dates she
However, the
served on active duty and in the Naval Reserve.
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
Steven M. Pierce served in the Navy from 16 February 1978 to 15
October 1985 and in the Naval Reserve from 16 October 1985 to 14
October 1989.
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:

Accordingly, the Board believes that such a

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
review and delibera
complete record of
matter.

that a quorum was present at the Board's
Itions, and that the foregoing is a true and
the Board's proceedings in the above entitled

.

Acting Recorder--

ROBERT D. ZSALMAN
Recorder

2

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),
behalf of the Secretary of the Navy.

has been approved by the Board on

3



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