Docket No: 0994-20 
Ref: Signature date 
 

 
This letter 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 supporting your request to upgrade your characterization of service insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file your application in a timely manner, the Board found it to be 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 12 August 2020.  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 this Board.  Documentary material considered by the Board consisted of the application together with all material submitted in support thereof, relevant portions of your naval records, applicable statutes, regulations, and policies, and a NAVPERS Form 1650/96 provided by Navy Personnel Command to Senator     . 
 
You enlisted in the Navy and started a period of active duty on 4 September 1967.  You were subsequently released from active duty on 1 November 1968.  You remained in the reserve component until you were transferred to the Retired Reserve effective 1 January 1991. 
  
In your petition, you assert that you are entitled to the Enlisted Service Warfare Specialist (ESWS) qualification, and that you should have received a Navy and Marine Corps Achievement Medal instead of a letter of commendation.  According to the NAVPERS Form 1650/96, Navy Personnel Command (Pers 312) was unable to verify your entitlement to the Navy and Marine Corps Achievement Medal and/or the ESWS insignia.   The Board carefully reviewed the materials that you provided, and it similarly was unable to find any support for the medal or insignia in your records.  The Board noted, however, that your petition contained correspondence that was provided to your congressional representatives concerning methods of submitting an award on your behalf.  The Board has no authority to award medals.  Accordingly, it denied your petition. 
 
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,