DEPARTMENT OF THE NAVY
BOARG FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON OF 20370-5100 ons
Dooket No: 1429-03
9 September 2003
Frew: Chairman, Board for Correction of Naval Records
Me: fecvretary of the Navy ;
Bub4: t OF NAVAL RECORD ©:
Now
Ref: {a} 20 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject’s naval record
1. Pursnant te the provisions of reference (a), Petitioner, a
former officer of the Marine Corps Reserve, filed enclosure (1)
with this Board requesting in effect, that the DD Form 214 and
associated service racord pages be corrected to show her current
name and sex,
2, The Board, consisting of peter vx. and Ks.
reviewed Patitioner’s allegations of or and injustice
on 20 August 2003 and, purauant to its regulations, determined
that the cerrective 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 tha Navy.
b. Enclosure (1) was filed ina timely manner,
o. Petitioner, who was then a male, reported to active duety
on 6 duly 1981 as an officer in the Marine Corps after three
years of prior active enlisted service.
gd. Om L March 1988 he was honorably discharged and transferred
to the Maxine Ccorpa Reserve. On 1 February 1999 he was retired
as a major with 21 years, 9 months, and 3 day6 of qualifying
service. ‘
e. In support of her application, Petitionar has submitted a
q.
i
sourt erder changing hex name fron emncesegenaihe to RI,
Silla, and a letter from her docter attesting to the fact chat
‘male to female surgery hae been performed.
£. Tn some situations, a former servicemamber will be provided
with a "Statement of Service". This document sets forth the
individual’s nane, other identifying data, and the period of tine
the individual served on active duty in the Marine Corps. Such a
statement could be issued to Petitioner in her current name, and
this statement of servica 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
reiief, The Board believes that it would be appropriate to
create a document that will show Petitioner’s period of service
with har present name and gender. The Statement of Service for
Petitioner should set forth her ourrent name and the dates she
gerved in the Marine Corps. However, the Board also believes
that a correction to Petitioner’s DD Porm 214, or any other parts
of the service record, would be inappropriate since those records
correctly show that a man naned RRUMMMMMMMyg served in the
Marine Corps as an enlisted for three years and as an officer
from 6 July 1981 to 1 February 1999. Accordingly, the Board
believes that such a statement of service should be provided to
Petitioner showing her current nawe and the period of service. on
active duty as well as in the Marina Corps Resezve.
In view af 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 tine served on active duty and in the Reserves in her
present name and gender.
b. That a copy of the foregoing Statement of Service be placed
in Petitioner’s naval record.
¢. That no further reljer he granted.
a. That a copy of this Report of Proceedings ke filed in
Petitioner’s naval record.
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