DEPARTMENT OF THE NAVY °
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
CRS
Docket No: 924-03
5 October .2009
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
WN OEVIEW OF NAVAL RECORD |
Ref: . (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 145
(2) Subject's naval record
a. 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 her current:
2. The Board, consisting of vr. agueeliie: Mr. a and Ms.
WH , reviewed Petitioner's allegations of error and injustice
on 30 September 2009 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 20
June 1970. On 29 March 1972 he received nonjudicial punishment
for an unauthorized absence. On 3 July 1972 Petitioner was
honorably discharged by reason of convenience of the government.
a. Petitioner effected a name change in 2007 and underwent
gender reassignment suxgery in 2008.
d. In support of the application, Petitioner has submitted
a letter from the doctor who performed the gender reassignment
surgery and 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
relief. The Board believes that it would be appropriate to issue
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. ,
a (Zea
ROBERT D. ZSALMAN | ES R. EXNICIOS
‘BL
Recorder cting 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.
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