Docket No: 5387-20
Ref: Signature Date                

Dear  
 
This is in reference to your application for correction of your husband’s naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your husband’s 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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on  
24 March 2021.  The names and votes of the panel members 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 the Board.  Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your husband’s naval record, and applicable statutes, regulations, and policies.   
 
Your husband reenlisted in the Marine Corps on 4 October 1977, after over 17 years of satisfactory service.  On 3 October 1981, he was transferred to the Fleet Marine Corps Reserve with an honorable character of service.  At the time of his transfer, he was issued a Certificate of Release or Discharge from Active Duty (DD Form 214) that indicated he was authorized the Air Medal (w/Bronze #10).  
 
The Board carefully considered all potentially mitigating factors to include, but were not limited to, your contention that your husband was awarded the Silver Star on 19 March 1966 and that due to a mix up in the paperwork he was told that he could no longer wear it.  A review of your husband’s record revealed that on 19 March 1966, your husband was awarded a silver star in lieu of a sixth air medal.  The silver star referenced in the 19 March 1996, message referred to a silver star device that represented a sixth award of the Air Medal and not the Silver Star Medal.  During this period, gold and silver star devices were used to denote subsequent awards of the Air Medal.  At the time of your husband’s transfer to the Fleet Marine Corps Reserve, gold and silver star devices were no longer used to denote subsequent awards of the Air Medal.  Instead, number devices were used as evidenced by the number 10 authorized to be worn on your husband’s Air Medal.  Accordingly, the Board determined that your request does not merit relief.   
 
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,