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

Docket No: 728-20                 
Ref: Signature Date 


This is in reference to your application of 6 January 2020 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 that 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, sitting in executive session, considered your application on 30 April 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 father’s naval record, applicable statutes, regulations, and policies and an advisory opinion provided by Navy Personnel Command (PERS 312) on 24 February 2020. 

You enlisted in the Navy on 18 July 1950 and served until being honorably discharged at the expiration of your enlistment on 14 October 1953. 

The Board carefully weighed all potentially mitigating factors and considered your contention that several of the awards you earned during service were not listed on your Certificate of Release or Discharge from Active Duty (DD Form 214).  Specifically, you contend that you are entitled to the Good Conduct Medal, China Service Medal, Navy Occupation Services Medal, parachute wings, and the Ambassador for Peace Medal awarded to you by Senator                 .

The Board noted PERS 312 confirmed you were entitled to the Good Conduct Medal and parachute wings and provided you with a Change to your Certificate of Release or Discharge from Active Duty (DD Form 215) on 25 February 2020.  Relying on the PERS 312 AO, the Board determined there is insufficient evidence in your Official Military Personnel File to support your contention you are entitled to the China Service Medal or Navy Occupation Service Medal.  Further, the Board concurred with the AO and determined the Ambassador for Peace Medal awarded to you by Senator           is not a military decoration and therefore is not an authorized medal to be listed on your DD Form 214. 

It is regretted that the circumstances of your case 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 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, 

5/15/2020