DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1708-21 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER MEMBER USN, XXX-XX- Ref: (a) Title 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) BCNR ltr Docket No: NR20210001708 of 13 Apr 21 (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 his naval record be corrected to be reinstated to Machinist Mate Second Class (MM2)/E-5. 2. The Board, consisting of Ms. , Mr. , and Ms. , reviewed Petitioner’s allegations of error and injustice on 25 May 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 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 22 August 1979, Petitioner entered active duty. b. On 2 July 1981, Petitioner involved in a motor vehicle accident. c. On 16 July 1981, Petitioner advanced to MM2/E-5. d. On 12 July 1982, Petitioner was found guilty at non-judicial punishment for violation of Article 92. e. On 29 November 1982, Petitioner was found guilty at non-judicial punishment for violation of Article 92 and awarded a reduction in rate (RIR) to Machinist Mate Third Class (MM3)/E-4. f. On 27 December 1982, Petitioner disqualified for duty in submarines by reason of demonstrated unreliability. g. On 29 February 1984, Petitioner was found guilty at non-judicial punishment for violation of Article 86 and awarded a RIR to Machinist Mate Fireman (MMFN)/E-3. h. On 6 July 1984, Petitioner was honorably discharged. 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 advisory opinion specified Petitioner’s 2 July 1981 motor vehicle accident caused a Traumatic Brain Injury (TBI) due to a left frontal skull fracture. The Board concurred that the TBI was a contributing factor in Petitioner’s cognitive, behavioral, occupational, and personality functions causing his unreliability but determined the offenses that resulted in non­judicial punishment should not be removed from the record due to the gravity of each infraction. Therefore, given the circumstances the Board only honored Petitioner’s request to be reinstated to MM2/E-5. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s RIR to MM3/E-4 is removed from the 29 November 1982 non-judicial punishment. Petitioner’s RIR to MMFN/E-3 is removed from the 29 February 1984 non-judicial punishment. Petitioner’s DD Form 214, Certificate of Release or Discharge from Active Duty dated 6 July 1984 is amended to reflect: Block 4.a (Grade, Rate or Rank) “MM2” vice “MMFN”; Block 4.b. (Pay Grade) “E5” vice “E3”; and Block 12.h (Effective Date of Pay Grade) “81 JUL 16” vice “84 FEB 29”. Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine retroactive pay and allowance entitlements. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 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. 7/1/2021 Deputy Director