DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 8306-19  
Ref:   Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:  (a) Title 10 U.S.C. §1552 
      (b) MCO P1070.12 
      (c) MCO P1400.32D w/Ch 1-2 of 14 Jun 12 

Encl: (1) DD Form 149 w/attachments 
      (2) HQMC memo 1400/3 MMPR-2 of 19 Dec 19 
      (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 to change his effective date of rank for Sergeant (E5) to June 1, 2019 with all pay and entitlements. 

2.  The Board, consisting of   , reviewed Petitioner’s allegations of error and injustice on May 21, 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 

b.  On March 13, 2019 Petitioner’s calculated composite score is 1603.  The minimum required cutting score for June 2019 promotion month is 1581.  Petitioner is eligible for promotion. 

c.  On May 31, 2019 unit diary transaction “Will Not Promote” was reported.  There is no corresponding service record book “Not Recommended for Promotion” page-11 counseling entry in Petitioner’s record. 

d.  On May 31, 2019 unit diary transaction “Will Not Promote” was reported.  There is no corresponding service record book “Not Recommended for Promotion” page-11 counseling entry in Petitioner’s record.

e.  On June 1, 2019 Petitioner is delivered DD Form 216 MC promotion warrant appointing him to Sergeant (E5) effective this date by the Commanding Officer of his assigned temporary duty command. 

f.  On September 1, 2019 Petitioner promoted to Sergeant (E5) effective this date. 

g.  On February 25, 2020 Petitioner was released from active duty and issued DD Form 214.  Block 12I (Effective date of Pay Grade) 2019 09 01. 

h.  Petitioner contends that his parent command reported a will not promote unit diary entry while he was TAD.  He asserts that he was promoted by his temporary duty commanding officer on June 1, 2019 only to be de-pinned on June 17, 2019 and returned the rank of Corporal (E4) with no documentation to support the “will not promote” unit diary entry. 

i.  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. 

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 an appropriate page 11 counseling entry per reference (b) was not issued to the Petitioner.  The “Will Not Promote” entry reported per reference (c) was done so without the appropriate counseling documentation. The Board concluded the Petitioner’s promotion to Sergeant (E5) effective June 1, 2019 be restored. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner promoted to Sergeant (E5) effective June 1, 2019 vice September 1, 2019 with date of rank June 1, 2019. 

Petitioner be issued DD Form 215 correcting block 12i of DD Form 214 issued on February 25, 
2020 to read “2019 06 01” vice “2019 09 01” 

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.