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

Docket No. 828-19
 
From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
 
Ref:   (a) Title 10 U.S.C. §1552 
            (b) MILPERSMAN 1070-340 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NAVPERS memo 1430 PERS 8031/0306 of 26 Sep 19 
        (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 have Certificate of Release or Discharge from Active Duty (DD Form 214) reflect pay grade E4 and date of birth “” vice “” . 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on March 27, 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, 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.  Petitioner’s birth certificate reflects date of birth as . 
 
     c.  On January 23, 1970, Petitioner enlist in USNR 6 years.  Block 21 of enlistment contract reflects date of birth as “”.  All blocks on contract filled in with month/day/year method. 
 
     d.  On August 8, 1973, Petitioner released from active duty.  DD Form 214 block 4, Date of Birth, reflects “year/month/day” “”.  Block 6a. Grade, Rate or Rank, “SN”, Block 6b. Pay Grade. “E3”. 
   
     e.  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 for advancement to “E4” has no merit and does not warrant favorable action.  Petitioner provided advisory opinion for opportunity to submit rebuttal. 
                                
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 partial corrective action.  The Board concurred with advisory opinion and concluded the Petitioner’s record provided no indication of advancement to E4.  The Board concluded the Petitioner’s date of birth was in error and partial relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to reflect Block 4 as “” vice “5”. 
                                                             
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.