DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 3964-20 
Ref: Signature Date 

Dear , 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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. 

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 case on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 6 April 2021. 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. 

You requested correction to your DD Form 214 MC, Armed Forces of the United States Report of Transfer or Discharge to reflect correct social security number (SSN), date of rank to Sergeant/E-5 effective 1 December 1967, and update awards. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. The Board was unable to consider updating your SSN until you have exhausted administrative relief with the Marine Corps. However, upon review of your record the Board concluded that you promoted to Corporal/E-4 effective 1 February 1967, released from active duty and transferred to the Marine Corps Reserve on 13 February 1968 and honorably discharged from service on 13 February 1972. Equally, there is no evidence in your record that reflects you met all requirements for promotion to Sergeant/E-5 or that there was any positions to the rank of Sergeant/E-5 available in accordance with Marine Corps Personnel Manual. Additionally, the Board noted you were awarded a Purple Heart for combat actions on 5 September 1966 and a second Purple Heart for combat actions on 19 November 1966 but there is no evidence in your record warranting a third Purple Heart. On 24 February 2020, you were issued DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty reflecting your receipt of a Purple Heart with 1 gold star signifying the awarding of two Purple Hearts. 

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, 
5/5/2021 

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