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

Docket No. 8901-19  
Ref:   Signature Date  

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

Ref: (a) Title 10 U.S.C. §1552 
     (b) MCO P1400.32D w/ch 2 

Encl: (1) DD Form 149 w/attachments 
      (2) HQMC memo 1400/3 MMPR-2 of 14 Jan 20 
      (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 by recalculation of composite score to establish an accurate rank and any back pay. 

2.  The Board, consisting of        , reviewed Petitioner's allegations of error and injustice on May 14, 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.  On February 1, 2011, Petitioner promoted to Lance Corporal (LCpl) E3 effective this date. 

c.  On September 17, 2013, Petitioner reduced to Private First Class (PFC). 

d.  On December 1, 2015, Petitioner promoted to Corporal (Cpl) E4 effective this date. 

e.  On December 18, 2015, Petitioner completes required Professional Military Education (PME) required for promotion to Sergeant (Sgt) E5. 

f.  On February 24, 2016, Petitioner released from active duty. 

g. On January 15, 2016, BCNR Docket 7528-15 directs removal of Non-Judicial Punishment (NJP) executed on September 17, 2013. 

h.  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. Utilizing data provided by the office having cognizance over the subject matter the Board determined the Petitioner’s recomputed composite score for the April 2014 through June 2014 is 1729 and met the cutting score of 1721 for promotion to Cpl/E4 effective April 1, 2014.  After completing required PME required for Sgt/E5 on December 18, 2015 the Petitioner did not meet minimum required cutting score of 1725 for January 2016 or 1717 for February 2016. The Board concluded the Petitioner be promoted to Cpl/E4 effective April 1, 2014. 

RECOMMENDATION 

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

Petitioner’s promotion to CPL/E4 effective December 1, 2015 rescinded. 

Petitioner promoted to Cpl/E4 effective April 1, 2014. 

Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to reflect Block 12 (Date of Rank) as April 1, 2014. 

Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records 
to determine if Petitioner is due any back pay and allowances.
 
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.