DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5319-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. § 1552 Encl:(1) DD Form 149 w/attachments (2) HQMC memo 1400/3 MMPR-2 dtd 4 Oct 18 (3) Subject's naval record 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the rank of Sergeant. 2. Petitioner's allegations of error and injustice on 22 November 2019 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, 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. 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: Petitioner served in the Marine Corps from 24 June 1955 to 15 April 1959. On 1 January 1958, Petitioner was promoted to the rank of Sergeant "Permanent" (Pay grade as E-4). On 1 January 1959, the official rank structure and corresponding pay grades were adjusted to include "acting," or "temporary" ranks until the new permanent rank structure went into effect on 1 August 1960. At this time, the Petitioner's designated rank title changed from permanent to acting [The prefix "acting" was established so that all Marines would be able to retain existing titles, insignia, and privileges]. Due to the changes in statue and regulations it was determined that he was not eligible for the rank of Sergeant "E-5" prior to discharge based on the permanent rank structure going into effect on 1 August 1960, which was after his discharge. Additionally, his Certificate of Release or Discharge from Active Duty (DD Form 214) at the time of discharge properly reflected his "permanent" rank (Corporal (E-4)) and not his acting rank (Sergeant (E-4)). However, based on advance technology and changes to policy, Petitioner's DD Form 214 would reflect his highest rank satisfactory held, which was a Sergeant (E-4). RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: That Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to indicate that Block 3a. (Grade, Rate, or Rank) as "Sergeant", vice "Corporal". Note: the paygrade of E-4 will remain the same. A copy of this Report of Proceedings will 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.