Docket No: 7759-20
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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 28 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 your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies.   
 
A review of your record shows that you entered active duty with the Navy in April 1993 and served as a Hospital Corpsman.  In 2001, you were assigned to the (MEU) as a Preventive Medical Service Technician and was involved in a combat deployment to Afghanistan.  Your transfer evaluation from 11 March 2002 documents that you supported Operation Enduring Freedom while onboard Forward Operating Base Rhino in Afghanistan and participated in Operations Image Nautilus and Swift Freedom.  On 3 June 2003, you were convicted by a General Court-Martial and sentenced to 25 years of confinement, loss of all pay and allowances, reduction to E-1, and a Dishonorable discharge.  At the conclusion of your appellate review, you were discharged  on 4 June 2007 with a Dishonorable characterization of service.  In 2020, you requested the addition of medals associated with your service in Afghanistan along with record of your combat zone service on your DD Form 214.  Commander, Navy Personnel Command (CNPC) denied your requests on 27 August 2020 and 23 September 2020. 
The Board carefully considered your arguments that you deserve the addition of combat zone service to your DD Form 214 along with awards associated with your service with the MEU.  Unfortunately, the Board disagreed with your rationale for relief.   
 
First, the Board agreed with the CNPC determination that you are not entitled to the award of any medals based on Title 10, United States Code, Section 6249.  That statutory section prohibits the military services from awarding any awards to a service member whose service, after the distinguishing acts meriting the awards, is not honorable.  In your case, the Board concluded your service after your service with the MEU was dishonorable based on your dishonorable discharge on 4 June 2007.  Therefore, the Board determined you are statutorily barred from receiving any awards that were not awarded prior to your discharge from the Navy.   
 
Second, the Board also concluded the preponderance of the evidence does not support inserting your service in Afghanistan on your DD Form 214 since Navy service instructions do not allow for the documenting of service in a theater of war unless a member is order to active duty in a time of national emergency or war.  Since you were already on active duty at the time you were ordered to Afghanistan, the Board concluded your service in Afghanistan is not required to be documented on your DD Form 214.  Since your Afghanistan service is otherwise documented in your military service record, the Board found no injustice exists in your case.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,