DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3285-20 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 that 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 2 June 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its 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 enlisted in the Marine Corps and began a period of active duty on 21 June 1999. You deployed with the . You were discharged from the Marine Corps on 20 August 2003, upon completion of required active service, and received an honorable characterization of service. In January 2004, you were awarded a Navy and Marine Corps Achievement Medal for your performance from February 1999 through May 2003, to include working long hours in order for your Battalion to meet its mission in a forward operating base in Iraq. In your petition to the Board, you request a change to your record and Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect your service in Iraq, a Combat Action Ribbon (CAR) and an Iraq Campaign Medal. You assert that your individual separation information is incorrect and that you were in Iraq from 19 March 2003 to 20 May 2003. You state that you were with 3rd LAAD BN during your time in the Marine Corps, and that you rate the CAR and Operation Iraqi Freedom Campaign Medal. The Board, in its review of your entire record and application, carefully weighed your assertions and contentions, to include that you merit the CAR, Iraqi Campaign Medal, and that your record does not accurately reflect your service in Iraq. The Board noted the write up for your NAM and took it into consideration when determining whether your record should be changed. The Board also considered that Headquarters Marine Corps (HQMC) has twice reviewed your record for entitlement to awards, and both times determined that neither the CAR, nor Iraqi Campaign Medal are warranted. In HQMC’s letter dated 6 February 2020, you were informed that since a CAR is a personal award, the award must be approved by the delegating authority. Absent evidence that you were ever recommended for the CAR, or considered by the awarding authority for this award, HQMC determined you are not entitled to the CAR. Furthermore, HQMC found no evidence of entitlement to the Iraq Campaign Medal as your individual separation record indicates that you were in Kuwait, not Iraq. The Board considered your statement that the individual separation information reflected in your record is incorrect and should read Iraq rather than Kuwait, but found that your statement and the 2004 NAM write up do not overcome the information reflected in your record and HQMC’s determination. TheBoard noted that you did not provide evidence that you have sought correction at HQMC to change the location of your overseas service, nor did you provide sufficient evidence to establish that you meet the service criteria for the issuance of the Iraq Campaign Medal. The Board concurred with HQMC’s February 2020 determination, and determined that there is insufficient evidence to support the issuance of the CAR, Iraq Campaign Medal, or to change your record to add a period of service in Iraq. 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,