Docket No. 255-19
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:     
 
Ref:  (a) 10 U.S.C. § 1552 
 
Encl: (1) DD Form 149 
      (2) Subject’s naval record (excerpts) 
 
1.  Pursuant to the reference, Petitioner, a former Marine Corps officer, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting his DD Form 214 be corrected to read he was discharged at the rank of 0-3 (Capt) and to add the Korea Defense Service Medal (KDSM). 
 
2.  The Board, consisting of                 reviewed Petitioner’s allegations of error and injustice on 3 June 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 the naval records, 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.  The Petitioner began a period of active duty in the Marine Corps on 27 May 1976 and received an honorable discharge on 1 May 1981 upon completion of required service.  His DD Form 214 indicates that he was the rank of O-2, a First Lieutenant (1st Lt ).  On 13 July 1984, while in the reserves, the Petitioner received transfer orders to inactive status, standby reserve.  The rank on those orders is O-2.  On 27 August 1984, the Petitioner received modification to the 13 July 1984 orders changing his rank to O-3/Captain (Capt).  On 26 May 1987, the Petitioner submitted his resignation from the Marine Corps Reserve.  On 31 July 1987, he was discharged from the reserves. 
 
      c.    In support of his request for his rank to be changed, the Petitioner included a document, dated 29 April 1981, “Subject:  Temporary appointment” effective 1 May 1981.  The Petitioner asserted that his promotion occurred on his last day on active duty, 1 May 1981; however, because his DD Form 214 was prepared in advance, it indicated he was a 1stLt.  Petitioner stated that in the months after his discharge he made multiple attempts, both verbally and in writing, for a corrected DD Form 214; however, he did not provide any evidence of such attempts.  Additionally, the Petitioner stated he received a certificate of his promotion to Captain, but with a later (unspecified) date than 1 May 1981. 
 
      d.  The Petitioner claimed that after the creation of the KDSM in 2004, he applied for, and received it because he was in Korea for more than the requisite period as a platoon commander in 1977, training Korean Marines Team Spirit.  In support of his claim he attached a document from Naval Personnel Command, Retired Records Section, dated 10 Nov 2005 verifying he is authorized the award. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board found no error with respect to the Petitioner’s grade at the time of his discharge from active duty; however, the Board concluded that Petitioner demonstrated he rated the KDSM. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner’s naval record be corrected by changing his DD Form 214 to include the KDSM. 
 
Petitioner be issued a new DD Form 214. 
 
That no further action be granted. 
 
A copy of this report of proceedings 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 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 Regulation, 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.