DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 

Docket No: 6734-20 

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 14 May 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 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). Additionally, the Board reviewed an advisory opinion (AO) provided by Navy Department Board of Decorations and Medals (NDBDM) dated 30 March 2021, which determined you are not entitled to the Purple Heart Award. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 enlisted in the Marine Corps and began a period of active duty on 7 July 1967.  You were discharged on 16 March 1971, with an honorable characterization of service.  You have been awarded the following awards for your service in the Marine Corps: Bronze Star Medal w/Combat “V”, Navy Commendation Medal w/Combat “V”, Combat Action Ribbon (Vietnam), Presidential Unit Citation w/ bronze star, Navy Unit Commendation, Meritorious Unit Commendation, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal w/1 silver star, Republic of Vietnam Meritorious Unit Citation (Gallantry Cross Medal Color with Palm), Republic of Vietnam Meritorious Unit Citation (Civil Actions Medal First Class Color with Palm), Republic of Vietnam Campaign Medal, Rifle Marksman Badge. 

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 be awarded the Purple Heart Award.  The Board noted that your records have been evaluated by the Department on the Navy several times between 1992 and 2019.  The Board commends your honorable and faithful service in the Marine Corps, unfortunately, upon review of the evidence provided, the Board concurred with the NDBDM AO. The Board concluded that it did not have a basis to grant your request. 

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, 
5/26/2021

Executive Director