From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER MEMBER Ref: (a) Title 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) HQMC memo 1400/3 MMPR-2 of 30 Jul 20 (3) Subject’s naval record 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that Petitioner’s naval record be corrected to be promoted to Lance Corporal (LCpl)/E-3, discharged in the rank of LCpl/E-3 and back pay. The Petitioner’s case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 20 October 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. On 21 July 1982, Petitioner entered active duty Marine Corps. b. On 1 January 1983, Petitioner was advanced to Private First Class (PFC)/E-2. c. On 30 September 1983, Petitioner received office hours for violation of Article 86 and was not appealed. d. On 1 January 1984, Petitioner was advanced to LCpl/E-3. e. On 7 November 1984, Petitioner received office hours for violation of Articles 113 and 134 and was not appealed. f. On 18 December 1984, Petitioner’s suspension of non-judicial punishment (NJP) imposed and suspended on 7 November 1984 for a period of 4 months was vacated. g. On 16 May 1985, Petitioner received office hours for violation of Article 111, was awarded a reduction to PFC/E-2, and was not appealed. h. On 12 June 1985, Petitioner’s suspension of NJP imposed and suspended on 16 May 1985 was vacated. i. On 19 June 1985, Petitioner received office hours for violation of Articles 92, 117, 128, and 134, was awarded a reduction to Private (PVT)/E-1, and was not appealed. j. On 24 July 1985, Petitioner was placed on legal hold. k. On 3 September 1985, Petitioner was found guilty at Summary Court-Martial for violation of Article 134 (two counts). l. On 6 September 1985, Petitioner was released from active duty. m. On 4 July 1988, Petitioner’s Reserve service obligation ended. n. 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 partial 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. Petitioner’s record contains a promotion warrant to LCpl/E-3 effective 1 September 1983; however, Petitioner was subsequently reduced in rank prior to discharge and therefore, the Board felt, under these circumstances, partial relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was advanced to LCpl/E-3 effective “1 September 1983” vice “1 January 1984”. Note: Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine if Petitioner is eligible for retroactive pay and allowances. The part of the Petitioner’s request for corrective action that exceeds the foregoing is denied. Petitioner was reduced to PVT/E-1 on 19 June 1985, therefore DD Form 214, Certificate of Release or Discharge from Active Duty dated 6 September 1985 reflects the correct rank at time of discharge. A copy of this Report of Proceedings will 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. 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 12/3/2020 Deputy Director