Docket No: 0821-20 
Ref: Signature Date 
 
 
 
Dear :  
 
This 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 submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application was denied.  
 
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 issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 21 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 1 December 1965.  Between 2 December 1966 and 16 June 1968, you participated in 24 named and unnamed operations in Vietnam.  On 29 March 12, Navy Personnel Command (NPC), Retired Records Section, sent you the results of a  records review and found no records to document that you were wounded in .  NPC determined you were not eligible for the Purple Heart Medal (PHM).  On 4 November 2013, Headquarters, US Marine Corps (HQMC) sent you a letter listing your awards and decorations and the PHM was not listed.  On 20 March 2015, HQMC submitted an advisory opinion that stated you were not eligible for promotion to sergeant (E-5), as your composite score was 26 points below that required for promotion to E-5 in your Military Occupational Specialty (Supply Administrative Man).  On 5 May 17, HQMC submitted a second advisory opinion that you were not eligible for promotion to E-5 for the same reasons.  On 21 July 2020, HQMC submitted an advisory opinion that denied your request for award of PHM and found no evidence of material error or injustice in your case.   
 
You requested promotion to E-5 and award of the PHM.  You stated that promotion denials kept coming because you worked in supply at , and people assumed you worked supply in .  You asserted that you have a copy of a promotion that clearly states you were promoted.  You also asserted that denials of the PHM were based on speculation, assumption and bias with no factual evidence given.  Finally, you asserted that you were seriously injured multiple times, but were still able to continue, so you didn’t let a medical officer work on you.  The Board concluded these factors and assertions were not sufficient to warrant a change to your promotion status or award you the PHM.  The Board noted that you provided no evidence to support your claim of promotion to E-5 or your claim of medical injuries incurred while in Vietnam, and that those injuries meet the criteria for the award of a PHM.  Absent of such evidence, the Board relied upon the multiple advisory opinions regarding both your promotion status and eligibility for the PHM.   
  
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 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,