Docket No: 1602-20 
Ref: Signature Date                
 
 
Dear  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 16 September 2020.  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.  The Board considered the advisory opinion (AO) provided by Navy Department Board of Decorations and Medals, dated 31 March 2020, and your rebuttal statement dated 7 June 2020.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active duty on 28 October 1981.  On 6 December 1985, you were discharged from the Marine Corps with an honorable characterization of service.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to receive the Prisoner of War Medal (POWM).  The Board considered your contentions that your military records failed to indicate you were taken against your will and held captive.  You further state that your period of captivity “was comparable, but not inclusive, of United States service members being held captive during periods of armed conflict.”  
 
After careful consideration, the Board concluded that these factors were not sufficient to warrant relief.  In this regard, the Board concurred with the AO in that a review of your official military personnel records failed to reveal that you were ever declared a Prisoner of War (POW) and therefore, you are not entitled to the POWM.  The Board concluded that your record does not fulfill the requirement for entitlement to the Prisoner of War Medal.  As such, a POWM is not warranted. 
 
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 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,