Docket No: 4867-19 10280-17 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 (2) HQMC memo 1000 RAM of 8 Jan 20 1. Pursuant to the provisions of the reference, Petitioner, a former commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by changing his permanent grade to Captain (Capt/O-3), effective 3 August 1966 and issuing him a promotion warrant for permanent promotion to Captain (Capt). Petitioner also requests changes to his Certificate of Release or Discharge from Active Duty (DD Form 214) by correcting his grade and date of rank to reflect Capt, effective 3 August 1966, adding his National Defense Service Medal (NDSM), Navy Unit Commendation (NUC), and Navy Commendation Medal (NC) with Combat Distinguishing Device. The Petitioner’s case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 16 June 2020 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 records, applicable statutes, regulations, and policies, and the 8 January 2020 advisory opinion (AO). 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. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. The Board made the following findings: a. Petitioner contends that his temporary promotion to Capt was intended to be permanent. Petitioner also contends that, when prepared, his DD 214 did not include his NDSM, NUC, and NC w/Combat Distinguishing Device. Petitioner claims that he did not receive a warrant for his permanent promotion to Capt. b. The AO, enclosure (2) noted that Petitioner did achieve the permanent rank of Capt, effective 3 August 1966, Petitioner was also released from active duty as a First Lieutenant on 22 April 1966, before the effective date of his promotion to Capt. Because of this, the AO recommended that Petitioner’s grade not be corrected on his DD 214. The AO also noted that the service dates of the NDSM and NUC fell within Petitioner’s active service dates, therefore, the AO determined that Petitioner’s awards were erroneously omitted from his DD 214. The AO noted, too, that Petitioner’s NC was approved after Petitioner’s discharge for meritorious service in and recommended that the correction to Petitioner’s DD 214 include his NC. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial corrective action. The Board substantially concurred with the AO. In this regard, the Board noted that Petitioner did in fact achieve the permanent rank of Capt, effective 3 August 1966. The Board, however, determined that because Petitioner was released from active duty was before the effective date of his promotion to Capt, Petitioner’s rank and effective date of rank on his DD 214 will remain unchanged. Note: DD Form 214 is only issued for active duty service, thus Petitioner’s grade of First Lieutenant reflects the proper grade at the time Petitioner’s DD Form 214 was issued. However, The Board concluded that Petitioner shall be issued a promotion warrant for his permanent promotion to Captain, effective 3 August 1966. The Board also noted that the service dates for Petitioner’s NDSM and NUC were during Petitioner’s active service dates. The Board thus determined that Petitioner’s awards were erroneously omitted from his DD 214 and shall be corrected. The Board noted, too, that Petitioner’s NC w/Combat Distinguishing Device was approved after Petitioner was discharged from active service. However, the Board concurred with AO that, since his NC was awarded for meritorious service in Vietnam, Petitioner’s NC shall be reflected upon his discharge. RECOMMENDATION In view of the above, the Board directs the following corrective action. Issue a promotion warrant to the grade of Captain, effective 3 August 1966. Petitioner’s naval record be corrected by issuing a DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty, which includes Petitioner’s National Defense Service Medal, Navy Unit Commendation, and Navy Commendation Medal with Combat Distinguishing Device [Combat V]. No other changes to 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 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.