Docket No: 5694-20 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 application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 19 October 2020. 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 naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). You enlisted in the Navy and began a period of active duty on 4 June 1973. On 2 June 1976 you were discharged with a General characterization of service. Your Certificate of Discharge or Release from Active Duty (DD Form 214) listed you as being entitled to the National Defense Service Medal (NDSM). You requested your DD Form 214 be amended to include all awards, commendations and medals to which you are authorized. You asserted you participated in Operations "Frequent Wind" & "Eagle Pull," as well as the rescue of on 7 May 1975. You also asserted you are entitled to the Vietnam Service Medal (VSM) & So Vietnamese "Cross of Valor". On 24 August 2020, a Navy Personnel Command (NPC) advisory opinion found you are entitled to the following awards and decorations: 1. Operation Frequent Wind (): ) earned the Humanitarian Service Medal (HSM). NPC will send you a DD 215. 2. Operation Eagle Pull (evacuation by air ): did not participate in the operation. NPC recommended disapproval. 3. Rescue of on 7 May 1975: A review of Unit Awards did not reveal any unit awards for during the mission. NPC recommended disapproval. 4. Vietnam Service Medal (VSM): The VSM was awarded to all members who served in Vietnam, and contiguous waters and airspace, between 3 July 1965 and 28 March 1973. You were not enlisted during this period. NPC recommended disapproval. 5. Republic of Vietnam Gallantry Cross (RVGC): The RVGC Medal was established 15 Aug 50; 2 May 52; 30 Dec 56 and 2 Dec 65. Awarded for accomplishing deeds of valor, or displaying heroic conduct, while fighting the enemy. You were not in the U.S. Navy on the established dates. NPC recommended disapproval. 6. Additional award(s): A review of your records revealed that during the period you were attached to the ship earned the Meritorious Unit Commendation (MUC) for the period 19 April 1975 – 8 May 1975. NPC The Board concurred with the NPC advisory opinion and concluded these factors and assertions were not sufficient to warrant a change to your awards and decorations, given that NPC will send a DD-215 to you for the awards to which you are entitled. In addition, you requested a review of your discharge, as you believe you are entitled to an upgrade reflecting your “true character of service.” The Board noted that characterization of service is based in part on conduct marks assigned on a periodic basis. Your conduct average was 2.8 at the time of your discharge. At the time of your service, a conduct average of 3.00 was required for a fully honorable characterization of service. In this regard, you were assigned the appropriate characterization of service. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your desire to upgrade your characterization of service, and assertion that due to your overall health, you are trying to gather all relevant documents so that your family will have them available at the time of need. Based upon this review, given the totality of the circumstances, the Board concluded these potentially mitigating factors were insufficient to warrant 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, such as if you never received a DD 215. 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,