DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

CRS
Docket No: 7755-06
14 March 2007

This is in reference to your application for correction of your naval record pursuant to the provisions of 
title 10 of the United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 March 2007. 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, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 23 October 2006, a copy of which is attached.

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection the Board substantially concurred with the comments contained in the advisory opinion. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously 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,

	
W. DEAN PFEIFFER
	Executive Director

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:
  	1650
 	23 OCT 2006

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

From:	Commandant of the Marine Corps
Prepared by:   USMC, Assistant
	Head, Military wards Branch 

Subj:	BCNR APPLICATION IN THE CASE OF FORMER 
	DOCKET NUMBER 07755-06 OF 26 SEPTEMBER 2006

PURPOSE:	To provide comments and a recommendation ón the petition by regarding the award of the Bronze Star Medal.

DISCUSSION: In order for this Headquarters to consider a delinquent award, there must be evidence that an award recommendation was submitted on behalf of the individual within the prescribed time limit, or an administratively complete award recommendation must be submitted in accordance with regulations from the individual’s former chain of case does not satisfy either requirement.

A review of his official military record, the records of this Headquarters, those of the Navy Department Board of Decorations and Medals, and those of Fleet Marine Force, Pacific, revealed no evidence that he was ever recommended for a personal award, including the Bronze Star Medal, within the prescribed time limit. The time limit requires award recommendations to be submitted within 3 years of the act or service.

This case does not meet the requirements of 10 U.S.C. §1130, which provides that upon request by a member of Congress, Service Secretaries must consider administratively complete award recommendations regardless of time limitations. This statute does not abolish the time restrictions of 10 U.S.C. §6248; it merely requires that all awards should be considered on their merits and not summarily denied because the recommendation was not submitted within the prescribed time limits.

RECOMMENDATION: His former commanding officer must submit through a member of Congress an administratively complete award recommendation which consists of, (1) a Personal Award Recommendation (1650/3) (to include the specific date(s) (day, month, and year) of actions) routed through the original chain of command for review, comments, and recommendations, (2) a detailed summary of action since the recommended award will be considered based on its merits, (3) a proposed award citation, and (4) two notarized statements from eyewitnesses with their contact information. The eyewitnesses, not to include the individual being recommended for the award, must submit statements containing a complete description in their own words of Mr.  .

Upon receipt of an administratively complete award recommendation, we will provide further consideration to this case. Award recommendations that are not submitted in accordance with 10 U.S.C. §1130 will be returned without action..