DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8008-17 MAY 3 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record (excerpts) (4) NDBDM Advisory Opinion 1650 NDBDM 0102/18 dated 29 May 2018 (5) NAVPERS 15/7900 Rev. 1953 1. Pursuant to the provisions of the reference, Petitioner, the grandson of a former enlisted member of the U.S. Navy, filed enclosure (1) with this Board requesting a change to his grandfather’s naval record, specifically to add the Combat Action Ribbon, National Defense Service Medal, Navy Good Conduct Medal, Navy Reserve Medal, Armed Forces Reserve Medal, and the Philippine Republic Presidential Unit Citation (PPUC). Petitioner also requests a Certificate of Release or Discharge from Active Duty (DD Form 214) Discharge Certificate for the period 2 May 1951 to 1 September 1953. Enclosures (1) through (5) apply. 2. The Board, consisting of, reviewed Petitioner's allegations of error and injustice on 29 January 2019 and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations, and policies. In addition, the Board considered the Advisory opinion (AO) from the Navy Department Board of Decorations and Medals (NDBDM) (Enclosure (4)) and the Navy and Marine Corps Awards Manual (NAVPERS) 15,7900 Rev. 1953 (Enclosure (5)). 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute limitation and review the application on its merits. c. Petitioner’s grandfather enlisted in the Navy on 8 April 1943 and was honorably discharged on 7 December 1945. At the time of his discharge he was issued a Notice of Separation from U.S. Naval Service (NAVPERS 553) indicating entitlement to the following medals: American Area, Asiatic-Pacific Area & 4 stars, Victory-World War II, and the Philippine Liberation & 2 stars. d. Petitioner’s grandfather reenlisted on 2 April 1951 in the Navy Reserve. On 2 April 1951, he was ordered to active duty until his honorable discharge on 1 September 1953, at the expiration of obligated service. On 1 April 1955, he was discharged from the Navy Reserve. e. On 20 March 1952, the Enlisted Services and Records Division (PERS E334) verified entitlement to the American Area Campaign Medal, Asiatic Pacific Campaign Medal, World War II Victory Medal, and the Navy Occupation Service Medal. f. On 22 August 2017, Navy Personnel Command issued a Correction to NAVPERS 553, Certificate of Release or Discharge from Active Duty reflecting entitlement to the Combat Action Ribbon, Philippine Republic Presidential Unit Citation, Good Conduct Medal, and Navy Occupation Service Medal. g. As part of the review process, NDBDM reviewed Petitioner’s grandfather’s records and issued an AO that indicated he was entitled to the following awards: Combat Action Ribbon, American Campaign Medal, Asiatic-Pacific Campaign Medal with four (4) battle stars, World War II Victory Medal, National Defense Service Medal, Philippine Republic Presidential Unit Citation, and the Philippine Liberation Ribbon with two (2) bronze stars. The AO further indicated that he was not entitled to the Navy Occupation Service Medal as previously verified by PERS E334. Petitioner’s grandfather did not serve with a vessel or unit actively participating in occupation duty during the eligibility period. NDBDM believes that a preponderance of evidence supports the conclusion that Petitioner’s grandfather was issued an erroneous DD Form 215 in 2017 h. Petitioner’s grandfather is not eligible for the Navy or Armed Forces Reserve Medal as he did not meet the 10-year service requirement for either award. CONCLUSION: Upon review and consideration of all the evidence of record, and specifically in light of Enclosures (4) and (5), the Board concludes that Petitioner’s request warrants partial favorable action. In this regard, the Board agrees with the Advisory Opinion. The Board finds the existence of an error or injustice warranting the following corrective action. RECOMMENDATION: That Petitioner be issued a DD Form 214 for his grandfather’s service covering the period from 2 May 1951 to 1 September 1953, indicating entitlement to the following awards: Combat Action Ribbon, American Campaign Medal, Asiatic-Pacific Campaign Medal with four (4) battle stars, World War II Victory Medal, Navy Good Conduct Medal, National Defense Service Medal, Philippine Republic Presidential Unit Citation, and the Philippine Liberation Ribbon with two (2) bronze stars That no further changes be made to the record. That a copy of this report of proceedings be filed in Petitioner’s grandfather’s Naval record. 4. It is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter. Recorder 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. Executive Director