DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6336-18 Ref: Signature date Dear 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 31 July 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, the previously provided 30 May 2019 advisory opinion (AO) from Headquarters, U.S. Marine Corps (HQMC), as well as 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. You enlisted in the Marine Corps and began a period of active duty on 6 July 1967. On 8 November 1968, you were awarded the Purple Heart Medal for wounds incurred on 16 September 1968. You received an Honorable discharge on 1 May 70. As part of the review process, on 30 May 2019, HQMC reviewed your records and issued an AO that your records failed to reveal your entitlement to a second Purple Heart Medal (PHM) or the Rifle Sharpshooter Badge (SS badge). The AO was provided to you on 18 June 2019, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. The Board carefully weighed all potentially mitigating factors, including your desire to for a second PHM, and your assertions that your unit in received numerous medals and ribbons. The Board also considered your assertion that you qualified for the SS badge. The Board concluded that these factors and assertions were insufficient to warrant a change to your records in light of the recent review by HQMC. The AO states that a review of your official entries in your service and medical records and/or casualty reports failed to verify authorization of a second PHM. The AO further stated that you qualified as a rifle marksman in August 1967, but that your last attempt to qualify with a rifle went “unqualified.” The AO also noted several discrepancies in your Form DD214 commendations that you may wish to address with HQMC for appropriate action. 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.