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

Docket No: 9847-17 
MAR 29 2019 

Dear : 

This is in reference to your application for correction of the naval record of your late father 
     , USN (ret.) pursuant to Title 10, United States Code, Section 1552. After careful and 
conscientious consideration of the entire record, the Board found the evidence submitted was 
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 application on its merits. A three-
member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 27 December 2018. 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 ofyour application, together 
with all material submitted in support thereof, relevant portions of your father's naval record, an 
advisory opinion (AO) provided by Navy Department Board of Decorations and Medals 
(NDBDM) dated 21 February 2018 and applicable statutes, regulations, and policies. 

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 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

The AO stated you have provided no new, substantive, and relevant material evidence since the 
time of your previous review by their office on 28 October 2009, which was denied. Therefore, 
DBDM found no further basis for reconsideration in your request for the posthumous award of 
the Distinguished Flying Cross (DFC) to your late father. 

The Board carefully weighed all of the factors you presented, such as your request for your late 
father's entitlement of the DFC, and contention, that your father was shot at by enemy 
combatants during a dangerous and heroic mission, and your contention that this error should be 
corrected. The Board noted your father's honorable and faithful service in the Navy,
unfortunately, upon review ofthe evidence provided, the Board concurred with the DBDM 
AO. 

It is regretted that the circumstances of your 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 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, 



Executive Director