Docket No: 2555-20 
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 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 10 May 2021.  The names and votes of the panel members will be furnished upon request.  Your allegations of error or injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of the 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.  The Board also considered an advisory opinion (AO) from the Navy Department Board of Decorations and Medals dated 31 March 2021. 
 
You enlisted in the Marine Corps and began a period of active duty on 29 December 1969.  From 5 February 1971 until 31 January 1972, you were assigned to      and embarked aboard both the and  .  During this tour, you participated in several operations in contiguous waters of Vietnam with Special Landing Force 79.4 on three (3) separate occasions; 14-15 July 1971, 14-15 August 1971, and 6-7 September 1971.  On 13 May 1974, you were released from active duty with an honorable characterization of service and the following awards annotated on your original DD 214:  National Defense Service Medal; Vietnam Service Medal with one (1) bronze star; Good Conduct Medal; Rifle Marksmanship Badge; and Letter of Appreciation.   
 
On or about 25 October 2013, you received correspondence from the Department of the Navy (DoN), Navy Personnel Command (PERS 312), specifically, form NAVPERS 1650/96 (01/01), “Transmittal Of and/or Entitlement To Awards” dated 13 October 2013 and 22 October 2013, informing you that a review of your record indicates you are entitled to the following awards: Marine Corps Expeditionary Medal (MCEM); Vietnam Campaign Medal w/1960 Device (VCM); Republic of Vietnam Meritorious Unit Citation (Gallantry Cross w/Palm and Frame) ribbon bar (RVN MUC-GC); and Republic of Vietnam Meritorious Unit Citation (Civil Action Color w/Palm and Frame ribbon bar (RVN MUC-CA).  On 13 December 2013, 18 March 2014, 7 July 2014, and 5 October, 2014, you wrote to the Navy Personnel Command in response to the correspondence received concerning awards for your service in the U.S. Marine Corps.  On 5 January 2015, Headquarters, U.S. Marine Corps (HQMC), Military Awards Branch, responded to your inquiry informing you that a review of your awards and military records concluded that your records failed to reveal your entitlement to the MCEM, RVN MUC-GC, RVN MUC-CA, and RVC as these awards were erroneously adjudicated.  A copy of the letter was filed in your official military records.   
 
As part of the Board’s review, the Navy Department Board of Decorations and Medals reviewed your request and provided the Board with an AO on 31 March 2001.  The AO stated that the review confirmed, as did the review by HQMC in 2015, that the four (4) mentioned awards were erroneously adjudicated as your military records confirm that you are not qualified for, eligible for, or entitled to the awards.  Further, the AO revealed that at least four (4) subsequent reviews of your records were undertaken between 2014 and 2020, and each failed to validate your entitlement to the four (4) awards for which you are petitioning.  Based on the available evidence, the AO concluded that NAVPERS 1650/96 (01/01) was issued in error and your original DD 214 remains accurate as far as your awards are concerned.  The AO was provided to you on 1 April 2021 and you were given 30 days in which to respond.  When you did not respond within 30 days, your case was submitted to the Board for review.   
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you received the medals from DoN Personnel Command after you separated and was informed you rated them.  The Board also considered the review conducted by HMQC.  The Board, relying on the AO, and noting your failure to provide any further statements or additional documentary material in support of your application, did not find evidence of an error or injustice that warrants your entitlement to the four (4) awards. 
 
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, 
5/18/2021
Executive Director