DEPARTMENT OF THE NAVY 

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

Docket No. 8243-16 
DEC 26 2017 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 use 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 30 November 2017. The names and votes ofthe members ofthe panel will be 
furnished upon request. Your allegations oferror and injustice were reviewed in accordance 
with administrative regulations and procedures applicable to the proceedings ofthis Board. 
Documentary material considered by the Board consisted of your application, together with all 
material submitted in support thereof, relevant portions ofyour naval record and applicable 
statutes, regulations and policies. The advisory opinion provided in Headquarters, U.S. Marine 
Corps memorandum 7200 RFF dated 25 January 2017 was sent to you on 15 March 2017 for an 
opportunity to comment prior to being considered by the Board. A copy ofthis advisory opinion 
is again enclosed. After the 30 day period for comment expired without a response, the case was 
presented to the Board. 

After careful and conscientious consideration ofthe entire record, the Board found that the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. You assert that you should have received hazardous duty pay while serving in 
Vietnam. The Board, in its review ofyour entire record and application, carefully weighted all 
potentially mitigating factors, to include your assertions. Nevertheless, it was determined that 
there was no findings that supported your claims that you should have been entitled to hazardous 
duty pay during the contended period. Furthermore, you did not provide us evidence which 
shows that you were never paid hazardous duty pay while serving in Vietnam. In this 
connection, the Board substantially concurred with the comments contained in the advisory 
opinion. Accordingly, your application has been 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 ofthe issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 

Executive Director