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

Docket No: 10005-18 
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 that 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, sitting in executive session, considered your application on 10 December 2019.  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, a 14 May 2018 letter to you provided by the Marine Corps Military Awards Branch (MMMA-3B) dated and applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

After careful and conscientious consideration of the entire record, including the 14 May 2018 letter to you from MMMA-3B, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice in your case. The Board noted that your commanding officer (CO) submitted an award recommendation to award you with the Bronze Star Medal with Combat “V” for your service during the period from 6 July 1965 to 4 June 1966.  The award recommendation was submitted through your chain of command and the Commanding General (CG),                                    , for final decision.  On 10 September 1968, the CG approved the Navy and Marine Corps Commendation Medal with Combat “V” as the appropriate award.  Regarding your request to change the level of your award to the Bronze Star Medal with Combat “V,” the Board noted that the record failed to reveal you are entitled to the award and concurred with the 14 May 2018 letter from MMMA-3B. 

Regarding your contention that your commendation medal does not accurately reflect the totality of your communicative efforts accomplished during your service in              , the Board noted that the record contains documented evidence which is contrary to your contention.  The record demonstrates that your award recommendation was submitted through your chain of command and the CG for final decision and the CG approved the Navy and Marine Corps Commendation Medal with Combat “V” as the appropriate award. 

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 the 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, 


1/15/2020