Docket No. 7346-19
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO FORMER MEMBER      USMC 
 
Ref: (a) Title 10 U.S.C. § 1552 

Encl: (1) DD Form 149 w/attachments 
      (2) 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 o restore rank to Sergeant. 

2. The Board, consisting of        , reviewed Petitioner’s  allegations of error and injustice on 18 August 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 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 2 February 2015, Petitioner was meritoriously promoted to Sergeant. 

 b. On 8 December 2016, Petitioner was discharged with Other Than Honorable characterization of service and reduced to Lance Corporal. 

 c. On 23 October dismissed all charges. 

 d. On 23 December 2017, Court filed an expungement order of all criminal charges. 

 e. On 29 January 2019, the Navy Discharge Review Board (NDRB) changed Petitioner’s characterization of service to Honorable and reentry code to RE-1. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. In light of the court’s dismissal and NDRB’s favorable discharge characterization change, the Board concluded Petitioner’s rank should be corrected as well. Therefore, under these circumstances, relief is warranted. 

RECOMMENDATION 

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

Petitioner’s DD Form 214, Certificate of Release or Discharge from Active Duty is modified to reflect: Block 4a. (Grade, Rate, Rank) “SGT” vice “LCPL”; Block 4b, (Pay Grade) “E-5” vice “E-3”; and Block 12i. (Effective Date of Pay Grade) “2015 02 02” vice “2016 12 08”. 

A copy of this 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 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 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.