Docket No: 5987-20 
Ref: Signature date 
 
Dear : 
 
This letter 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 with respect to your request was insufficient to establish the existence of probable material error or injustice.  Consequently, the application has been denied.     
 
Although you did not file the application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 13 January 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 the application, together with all material submitted in support thereof, relevant portions of your naval record, and a 10 September 2015 Memorandum for the Record (MFR) from the Office of the Chief of Naval Operations, as well as applicable statutes, regulations, and policies. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You retired on 31 August 1975 after a career in naval aviation marked by great personal sacrifice and demonstrated skill and bravery in which you received numerous commendations and awards during your service.  As relates to your current petition, on or about 18 November 1952, while embarked in USS  (), you engaged in aerial combat over the  with several enemy aircraft, during which you conducted yourself in such a fashion that you were awarded the Silver Star Medal (SS).  In 2015, you requested that your SS award be upgraded to the Navy Cross (NX).  At that time, your request for upgrade was thoroughly reviewed.  In the MFR, the individual performing the duties of the Director, Navy Staff, explained that, at that time, the Navy Department Board of Decorations and Medals (NDBDM) thoroughly researched and examined all relevant materials, including materials from the Navy Heritage and History Command, as well as the National Security Agency.  By a vote of 5 to 0, the NDBDM determined that the recommendations and additional documents did not qualify as relevant and new information for the award to be reconsidered.  The NDBDM also unanimously agreed that even if the information had met the standard for reconsideration, it would not have met the standard for upgrade to the NX, and that the SS was the appropriate medal. 
 
The Board carefully reviewed the materials that you provided in your current application, and carefully considered your contentions.  The Board noted that, at the outset, that a nominee for the Medal of Honor may not submit a statement in support of his or her nomination.  Further, the Board took note that the individuals listed on your petition were not percipient witnesses to the action.  Finally, the Board found the decision of the NDBDM to be persuasive, determining in 2015 that even if the new material you submitted in 2015 were fully reviewed, it would not justify an upgrade of the SS to the NX, which is an award of lower precedence than the Medal of Honor.  The Board noted that the NDBDM is a body created to fully consider and make determinations on awards, whereas this Board is not an investigative body.  As such, after careful review of the materials, the Board did not find evidence sufficient to find a basis to grant your petition. 
 
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,