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

Docket No: 10887-19 
Ref: Signature Date 

Dear : 

This is in reference to your application of 18 November 2019 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 28 April 2020.  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, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) provided by the Navy Personnel Command (NPC 312), a copy of which was previously provided to you on 18 February 2020.

You enlisted in the Navy and began a period of active duty on 31 August 1960.  On 26 June 1964, you were discharged with an honorable characterization of service.  On 29 October 1985, you were issued a DD Form 215 adding the National Defense Service Medal (NDSM) and the Armed Forces Expeditionary Medal Vietnam (AFEM).
 
You request the Board add the following to your DD Form 214, Block 24:  Vietnam Service Medal (VSM), NDSM, Navy/Marine Corps Oversees Ribbon, and Pistol Expert Badge.  You assert the medals, ribbon, and badge were not on your DD Form 214 at the time of your discharge. 

The Board found no error in the records.  With respect to the VSM, the Board noted that your DD Form 215 reflects you have already been awarded the AFEM –Vietnam, and you did not indicate your desire to exchange it for the VSM.  With respect to the NDSM, the Board noted that your DD Form 215 reflects you have already been awarded the medal. Additionally, the Board noted that you do not rate the Navy/Marine Corps Oversees Ribbon as it was not established until 15 August 1974, after your discharge.  Lastly, the Board noted there was no evidence in your record to support your claim that you rate the Pistol Expert, and you did not provide any evidence to support your contention.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and in good faith. 

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,