Docket No: 3645-20 
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 for Correction of Naval Records, sitting in executive session, considered your application on 9 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, an advisory opinion (AO) provided by Navy Department Board of Decorations and Medals (NDBDM) dated 22 July 2020, and applicable statutes, regulations, and policies. 
 
The NDBDM’s AO stated that there was no indication that you served the required 30 consecutive or 60 nonconsecutive days in  or within the geographic area of eligibility to qualify for the  Service Medal.  Therefore, the AO concluded that you were not entitled to the  Service Medal.  
 
The Board carefully weighed all of the factors you presented, such as your request to be awarded the Service Medal, and contention that you were served in the , and you had overseas service for two years, five months, and seventeen days.  The Board noted your record appropriately reflects your overseas service, and therefore, no change is warranted.  The Board commends your honorable and faithful service in the Navy, unfortunately, upon review of the evidence provided, the Board concurred with the AO.   
 
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,