Docket No: 5728-20 
           3285-20 
Ref: Signature Date 

Dear   
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the 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 28 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 21 June 1999.  In 2002 and 2003, you were deployed in support of Operation Enduring Freedom.  You received a Navy Achievement Medal in January 2004, for the period of service from February 1999 to May 2003, to include working long hours in order for the Battalion to meet its mission in a forward operating base in Iraq.  You were discharged from the Marine Corps on 20 August 2003, upon completion of required active service, and received an honorable characterization of service. 
 
A review of your records by Headquarters Marine Corps on 13 June 2017, found that you were entitled to the Navy and Marine Corps Achievement Medal, Presidential Unit Citation, Marine Corps Good Conduct Medal, NDSM (2), GWOT Expeditionary Medal for service in Kuwait/Iraq, Global War On Terrorism (GWOT) Service Medal, Sea Service Deployment Ribbon, Rifle Expert Badge, and Pistol Sharpshooter Badge.  On 22 March 2019, you were issued a Correction to DD Form 214 Certificate of Release or Discharge from Active Duty (DD Form 215), which updated Block 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized. 
 
You previously applied to the Board, and requested a change to your record to reflect your service in Iraq, a Combat Action Ribbon and Iraqi Freedom Campaign Medal.  Your request was considered by a Board on 2 June 2020, and subsequently denied. 
 
In your current application, you ask that your record be updated to reflect the Navy and Marine Corps Achievement Medal, Presidential Unit Citation, GWOT Expeditionary Medal, the Iraqi Freedom Campaign Medal, and the GWOT Service Medal.  You assert that you fell under stop loss and your DD Form 214 did not accurately reflect your entitlement to awards.   
 
The Board, in its review of your entire record and application, carefully considered the available information in your service record, and again found that there was insufficient evidence or information on which to grant an entitlement to the Iraqi Freedom Campaign Medal.  The Board noted that your Navy and Marine Corps Achievement Medal, Presidential Unit Citation, GWOT Expeditionary and GWOT Service are all reflected on the DD Form 215 that was issued in March 2019.  Accordingly, the Board determined your record does not reflect an error or an injustice. 
 
It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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, 
 
Microsoft Office Signature Line...