Docket No: 5045-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER XXX-XX, USMC Ref: (a) 10 U.S.C. §1552 (b) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 Encl: (1) DD Form 149 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting that his naval record be changed to reflect the rank and grade of Corporal/E-4 and a review of all the awards that he is entitled. Enclosure (1) applies. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 22 March 2021, 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 Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 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. Although Petitioner’s application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider his application on its merits. c. Petitioner enlisted in the Marine Corps and began a period of active duty on 9 September 1965. On 14 February 1967, Petitioner participated in counterinsurgency operations in the Republic of Vietnam until 6 February 1968. On 27 August 1969, Petitioner was convicted at a Summary Court-Martial for willfully and wrongfully damaging non-military property of a value of about $75.00. The sentence adjudged was reduction to the rank and grade of Lance Corporal/E-3 and forfeitures of $71.00 pay per month for one (1) month. d. On 8 September 1969, Petitioner transferred to the Marine Corps Ready Reserves in an inactive status. e. On 15 January 1977, Petitioner enlisted into the Marine Corps Reserves. On 12 March 1977, Petitioner received a Pg. 5 entry, restoring his rank and grade to Corporal/E-4. On 23 July 1977 and 29 January 1978, Petitioner received Pg. 11 entries for failure to attend Active Duty for Training during the periods of 9 July 1977 to 23 July 1977 and 29 January 1978 to 11 February 1978. On 24 February 1978, Petitioner was subsequently transferred to Class III Inactive Ready Reserve (IRR) for failing to maintain satisfactory drill attendance. On 14 January 1979, Petitioner was discharged from the IRR with an honorable characterization of service. f. With his application, Petitioner contends that when he was discharged from active duty, he served in the Marine Corps Reserves and was promoted back to the rank of Corporal. He states he served without any blemishes, to include time he spent in Vietnam, and served with distinction at his last duty station at Marine Barracks in . Further, he states that the one incident on his record should not have resulted in a demotion in rank, but rather a minor penalty or reprimand since he repaid for the damage. Finally, the Petitioner believes the Commanding Officer was unduly harsh since no one was injured. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. In reaching its conclusion, the Board did not condone Petitioner’s misconduct but noted his blemish-free record up until the time of the incident that resulted in the SCM. The Board further noted the minor nature of the incident as compared to the punishment the Petitioner received. Petitioner’s misconduct resulted in $75.00 worth of damage, yet he was fined $71.00 and received a reduction in rank. Based upon the guidance published in reference (b), the Board determined that clemency in the form of restoration of Petitioner’s rank was warranted. In regards to Petitioner’s request for an awards update, the Board directs the Military Awards Branch (MMMA) to conduct an awards entitlement verification. RECOMMENDATION In view of the above, the Board directs the following corrective action: That Petitioner be issued a correction to the Certificate of Release or Discharge from Active Duty (DD Form 215) to reflect that on 8 September 1969, he was discharged as a Corporal/E-4 with the date of rank of 8 September 1969. That MMMA conduct an awards entitlement verification and that any additional award found to be added to Petitioner’s records. That no further changes be made to Petitioner’s record. That a copy of this report of proceedings 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.