Docket No: 578-20
Ref: Signature Date


Dear .   
 
This is in reference to your application on behalf of your late husband, , for correction to his naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.   
 
Although your 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 your application on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations and policies.   
 
Your late husband enlisted in the Marine Corps and began a period of active duty on 22 March 1966.  On 21 March 1968 at the end of his obligated service, he was discharged with an honorable 
characterization of service and transferred to the Marine Corps Reserve. 
 
The Board, in its review of the entire record and petition, carefully weighed all the evidence as well as your contentions that the rank as reflected on your late husband’s DD Form 214 MC is incorrect, and that your late husband told you before his death that he was promoted to Lance Corporal (E-3).  However, your late husband’s Marine Corps service records and DD Form 214 MC maintained by the Department of the Navy (DoN) contain no known errors.   
 
Your late husband’s Marine Corps promotion record does show that he was promoted to E-3 on 1 June 1967.  However, on 9 November 1967 your late husband was the subject of a non-judicial punishment disciplinary hearing for three separate charges of violating a lawful order.  He was found guilty, and as punishment he was reduced in rank back down to Private First Class (E-2) and had to forfeit a portion of his pay for two months.  In accordance with Department of the Navy directives and policy, the rank as reflected on a DD Form 214 is the current rank held by a service member upon discharge and/or retirement and not necessarily the highest rank held at any point on active duty.   
 
The BCNR sincerely appreciates, respects, and commends your late husband for his honorable and faithful service to the United States Marine Corps, and offers its condolences to you on your loss.  Unfortunately, it is regretted that the circumstances of his case are such that favorable action cannot be taken at this time.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 
                                                                              
Sincerely,