From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
 
Ref:   (a) Title 10 U.S.C. §1552 
            (b) MCO P1400.32 of 6 Dec 85 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) HQMC memo 1400/3 MMPR-2 of 24 Mar 20 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected for promotion to Corporal (E4) prior to transfer to the Retired List of the Marine Corps Reserve without pay and allowances. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on April 9, 2020 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, relevant portions of Petitioner’s naval record, 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.  On January 13, 1987, the Commandant of the Marine Corps (CMC), Headquarters United States Marine Corps (HQMC), letter 1400/4 MMPR-2 granted to promote the Petitioner to Corporal (E4) with date of rank April 1, 1986.  The letter directed Petitioner to appeal to the BCNR for appropriate correction to show that his promotion to Corporal effected on April 1, 1986 vice January 13, 1987.   
     c.  Petitioner’s record indicates he participated in nine (9) paid drills for the month of February 1987 and four (4) during the month of March 1987. 
 
     d.  On July 7, 1988, CMC, HQMC, letter 1900/1 RESM-3, denies Director, Marine Corps Reserve Support Center’s request for involuntary active duty and directs discharge proceeedings. 
 
     e.  On January 5, 1989, Petitioner is transferred to the Retired List of the Marine Corps Reserve without pay and allowances in the rank of Lance Corporal (E3) effective August 1, 1988. 
 
     f..  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action for promotion to Corporal (E4) effective April 1, 1986.  However, they requested the Board to administratively reduce the Petitioner effective September 12, 1987. 
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.   
 
The Board determined the Petitioner was granted promotion to Corporal (E4) effective April 1, 1986 by CMC, HQMC, MMPR-2 on January 13, 1987.  The Petitioner participated in paid drills in the months of January and February 1987.  The Petitioner’s command had the opportunity during these months to execute the promotion directed or request the promotion be held in abeyance for further administrative action.  The Board concluded base on the evidence the Petitioner should have been promoted as directed.   The Board refuse to consider the request by the office having cognizance over the subject matter to administratively reduce the Petitioner.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was promoted to Corporal (E4) with effective April 1, 1986.  
 
Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that 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. 
 
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.  
             
      6/22/2020