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

Docket No: 2529-21
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
Subj:    REVIEW OF NAVAL RECORD OF FORMER  ,  XXX XX , USMC 
 
Ref:    (a) 10 U.S.C. §1552 
        (b) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for  
  Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency  
  Determinations,” of 25 July 2018 
 
Encl:  (1) DD Form 149 with attachments 
       (2) Case Summary   
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his date of discharge be corrected to reflect “28 December 1977,” as opposed to “12 December 1977,” Which is currently listed on his Certificate of Release or Discharge from Active Duty (DD Form 214).     
 
2.  The Board, consisting of Mr. , Ms.  and Ms.  reviewed Petitioner's allegations of error and injustice on 19 May 2021 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).   
 
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.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. 
 
     c.  Petitioner enlisted in the Marine Corps and began a period of active duty on 28 December 1973.  On 11 November 1977, Petitioner signed an administrative remarks (Page 11) stating that he excepted an early release from the Marine Corps for Christmas in accordance with MCBUL 1900, ALMAR 181/77.  Petitioner’s DD Form 214 reflects that on 12 December 1977, Petitioner was released from active duty and transferred to the Marine Corps Reserve with an honorable characterization of service.  The Board noted Petitioner’s Notice of Obligated Service reflects his period of active service from 28 December 1973 to 27 December 1977. 
 
     d.  Petitioner states that he was granted an early Christmas release from his Squadron.  He originally declined the offer because of concerns around his tenure, but was told by his department that his full four years were accounted for.  Block 8c Authority and Reason should have explained "Early Christmas Holiday Release" and block 8d should reflect effective date of release as “1977/12/28.” 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief.    
 
The Board concluded Petitioner’s effective date of discharge should reflect “28 December 1977,” not “12 December 1977.”   
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a correction to his DD Form 214 changing his date of discharge to reflect “28 December 1977,” not “12 December 1977.”  
 
That no further changes be made to Petitioner’s record. 
 
That 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 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. 
 
6/3/2021
Executive Director