DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6367-07
20 June 2008
From: Chairman, Board for Correction of Naval Records
TO: secretary of the Navy
REVIEW OF
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Ref: (a) Title 10 U.S.c. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting that the DD Form 214 and
associated service record pages be corrected to show Petitioner's
current name and gender.
2. The Board, consisting of Messrs. Koman, Leeman, and McBride,
reviewed Petitioner's allegations of error and injustice on 4
June 2008 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. Petitioner, who was then a male, enlisted in the Navy on
2 November 1970. on 1 September 1971 Petitioner was medically
found to have low back pain rated at 20 percent. on 8 October
1971 Petitioner was honorably discharged by reason of physical
disability with severance pay.
Cc. Petitioner underwent gender reassignment surgery and
effected a name change in 2001.
d. In support of the application, Petitioner has submitted
a copy of a court order reflecting the name change.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
a Statement of Service, which reflects Petitioner’s current name
and gender. The Board concludes, however, that there is no basis
for correcting Petitioner’s DD Form 214, which correctly reflects
Petitioner’s name and gender at the time that form was prepared.
RECOMMENDATION:
a. That a Statement of Service which shows Petitioner’s current
name and gender be prepared, and a copy placed in Petitioner’s
naval record.
b. That no further relief be provided.
c. 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.
ROBERT D. ZSALMAN AMES R% EXNICIOS
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.
Worcs
W. DEAN PFE
Executive Di tor
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