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

Dear 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 27 July 2021.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations, and policies. 
 
You requested to change your rank to Sergeant/E-5 on your DD Form 214, Armed Forces of the United States Report of Transfer or Discharge dated 1 April 1959.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that in accordance with the Marine Corps Enlisted Promotion Procedures of 1956, the rank of Corporal was paygrade E-3 and Sergeant was paygrade E-4.  In March 1958, the rank of Lance Corporal was established.  A review of your record indicates there are two entries on 1 December 1958 that reflect permanent promotion to “Cpl (E4)” and “Sgt.”  However, a subsequent entry was made on 1 January 1959 indicating, “Change Rank Title to Active Sergeant (E-4)”.  Thereafter, you were released from active duty on 1 April 1959 and transferred to the Marine Corps Reserve until your discharge of 4 April 1962.  The Board could not find copies of the Marine Corps Orders listed on your NAVMC 118(5), Promotions and Reductions page that outline the authority for assigning each rank; therefore, deduced your record is correct as is.   
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
Sincerely, 

8/26/2021
Deputy Director