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


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 10 August 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.  In addition, the Board considered the advisory opinions contained in Headquarters Marine Corps (HQMC) memorandum 1400/3 MMPR-2 undated and HQMC memorandum1650 MMMA-3A of 11 May 2021; copies of which were previously provided to you for comment.   
 
You requested promotion to Sergeant (Sgt)/E-5 and be awarded the Combat Action Ribbon (CAR).  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that you did not meet the eligibility criteria for promotion to Sgt/E-5 or to receive the CAR.  Specifically, upon review of your record, the Board could not find, nor did you provide evidence of receiving a field promotion to the rank of Sgt/E-5.  Additionally, Secretary of the Navy Instruction 1650.1 (series) specifies to be eligible for a CAR, service members must have rendered satisfactory performance under enemy fire while actively participating in a ground or surface engagement.  Your record indicates participation in operations in the Republic of Vietnam from 19 February 1968 to 13 June 1969; however, there are no specific named operations.  The Board noted that you reported to the Marine Passenger Terminal to depart Da Nang to go to Khe Sang but were unable to determine if you actually departed or arrived in Khe Sang.  The Board further noted your military occupational specialty was 2571, Special Radio Operator and not 2531, Field Radio Operator; therefore, more than likely, you were assigned hazardous activity restriction, similar to the limits outlined in HQMC letter DFB4/3-mjb of 14 July 1969 contained within your official military personnel file.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
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, 
9/17/2021
Deputy Director