Docket No: 4929-20 
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 was 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 23 November 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. 
  
You enlisted in the Marine Corps and began a period of active duty on 30 March 1966.  On 18 March 1969, you were discharged with an Honorable discharge.  Your DD 214 listed the following award and decorations: 
 
National Defense Service Medal 
 Service Medal w/2 devices 
 Campaign Medal w/device 
Good Conduct Medal 
Rifle - Sharpshooter Badge 
 
On 18 December 2018, HQ Marine Corps Policy and Verification Section sent you a letter following a review of your records.  According to that letter, you were issued a DD 215 to amend your records to include entitlement to the following awards and decorations:  
 
Presidential Unit Citation 
Navy Unit Commendation 
Meritorious Unit Commendation w/bronze star 
USMC Good Conduct Medal 
National Defense Service Medal 
 Service Medal w/1 silver campaign star 
 Meritorious Unit Citation (Gallantry Cross Color w/palm and fringe) ribbon bar 
 Campaign Medal w/1960 device 
Rifle - Sharpshooter Badge 
 
You requested to be issued the Combat Action Ribbon (CAR).  You asserted your record does not reflect your assignments or duties in  as you were sent to  as a combat Marine.  You requested the Board look at your awards to review your combat during your 13-month tour.  You asserted these awards are not issued without sacrifices or for non-combat Marines.   
 
As part of the review process, Headquarters, Marines Corps, Military Awards Branch reviewed your request, and issued an Advisory Opinion (AO) dated 23 September 2020.  The AO concluded there is inadequate documentation to validate entitlement to the CAR.  The AO noted the principal eligibility criterion is that the individual must have rendered satisfactory performance under enemy fire while actively participating in a ground or surface combat engagement.” (emphasis in the original).  It is not enough to have been in a combat zone or in an area of hostilities.  Validation of CAR eligibility includes, but is not limited to:  a summary of action (SOA) with a specific description of the individual actions approved by the chain of command at the time of the event, or at least two eyewitness statements (not to include the Petitioner), or a Personnel Casualty Report, Situational Report, etc., in conjunction to support the SOA.  Without meeting the above criterion, the CAR cannot be awarded.  The AO recommended that your request for the CAR be denied.  The AO was provided to you, and you submitted a response.  The Board reviewed your response, but ultimately concurred with the AO in that your records do not meet the criteria for award of the CAR.    
  
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,