Docket No: 1701-20  
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 9 October 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, applicable statutes, regulations, and policies, as well as an advisory opinion (AO) from the Navy Department Board of Decorations and Medals (NDBDM) dated 14 May 2020.   
 
You enlisted in the Navy and began a period of active duty service on 28 June 1962.  On 22 September 1964, you received nonjudicial punishment (NJP) for unlawfully striking another service member in the face with your fist and using disrespectful language.  On 13 July 1966, you were honorably discharged and released from active duty.   
 
The Board carefully weighed all potentially mitigating factors and considered your contention that you should have received the Good Conduct Medal.  Specifically, you contend you should be awarded the Good Conduct Medal because you served honorably for four years and sixteen days.  The Board, relying on the NDBDM AO and noting the regulations governing the award do not authorize the medal when a service member has a mark of less than 3.0 in any trait or a NJP within a prescribed time, concluded that you are not eligible for the Good Conduct Medal nor is there an error or injustice which warrants a waiver of the requirements.  Therefore, the Board determined that, despite your honorable service, your record does not entitle you to the Good Conduct Medal.   
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 the 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,