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

Docket No. 4304-16  
JAN 27 2017  

From:  Chairman, Board for Correction ofNaval Records  
To:  Secretary ofthe Navy  

Subj:  REVIEW OF NAVAL RECORD ICO  

Ref: (a) Title 10 U.S.C. 1552 
Encl: (1) DD Form 149 w/attachrnents 
(2) HQMC memo 1400/3 MMPR-2 dtd 19 Sep 16 
(3) Subject's naval record 

1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to re-instate the rank of Corporal (E-4 ). 

2. The Board, consisting of ,          reviewed Petitioner's 
allegations of error and injustice on 12 October 2016 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 ofthe enclosures, naval records, and applicable statutes, regulations and policies. 

3. The Board, having reviewed all the facts ofrecord 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 ofthe Navy. 

b. 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 ofall 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. 

RECOMMENDATION: 

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

a. Petitioner's rank of E-4 is re-instated with the original date ofrank of2 December 1998. 

b. The administrative remarks (NAMVC 118(11)) 11.e, dated 20 January 2002, is removed 

c. The administrative remarks (NAMVC 118(11)) 11.d, stating the following: "I understand I am eligible but not recommended for promotion to Sgt for the month Jan-Feb-Mar-Apr-May­Jun-Jul-Aug-Sep-[Oct]-[Nov]-[Dec] 2001 promotion period because of UA's. I was advised that within 5 working days after I acknowledgement of this entry, a written rebuttal can be submitted and this rebuttal will be filed on the document side ofmy SRB. I chose (to) (not to) make a rebuttal." , is removed. I 

d. The Commanding Officer, marine Aircraft Group 41 , letter 1400 CO 23 April 2002, is removed. 

e. That any material or entries inconsistent with or relating to the Board's recommendation be corrected, removed or completely expunged from Petitioner's record and that no such entries or material be added to the record in the future. 

f. A copy ofthis 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 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 ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on behalf ofthe Secretary of the Navy. 




Executive Director