DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11240-19 Ref: Signature date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) DoD Manual 1348.33 (Manual of Military Decorations and Awards) (c) SECNAVM-1650.1 (Navy and Marine Corps Awards Manual) (d) Navy Department Board of Decorations and Medals advisory opinion dtd 13 Dec 19 Encl: (1) DD Form 149 with attachments (2) Copy of Navy and Marine Corps Commendation Medal dtd 28 Jul 03 (3) Copy of Commander, Combined Disaster Assistance Center, letter dated 31 Mar 06 1. Pursuant to the provisions of reference (a), Petitioner, a retired naval officer, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting a change to his Certificate of Release or Discharge from Active Duty (DD Form 214) dated 7 April 2006, to reflect the correct entitlement of awards. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 16 January 2020, 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 relevant portions of Petitioner’s service records, an advisory opinion (AO) furnished by the Navy Department Board of Decorations and Medals (NDBDM), Petitioner’s rebuttal statement to the AO (with attachments), as well as applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: a. Although enclosure (1) was not filed by Petitioner in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider his application on its merits. b. On 7 April 2006, Petitioner was released from active duty special works at the completion of his required active service. He was issued a DD Form 214 indicating entitlement to the following awards: -Defense Meritorious Service Medal -Meritorious Service Medal -Navy Commendation Medal (5) w/Combat V -Navy Achievement Medal -Combat Action Ribbon -Joint Meritorious Unit Award -Navy Unit Commendation -Meritorious Unit Commendation -Navy Expeditionary Medal -National Defense Service Medal -Armed Forces Expeditionary Medal -Iraq Campaign Medal -Global War on Terrorism Expeditionary Medal -Humanitarian Service Medal (2) -Military Outstanding Service Medal -Sea Service Deployment Ribbon (2) -Navy Arctic Service Ribbon -Navy Reserve Sea Service Ribbon -Navy and Marine Corps Overseas Service Ribbon -Armed Forces Service Medal -Navy Expert Rifle Medal -Navy Expert Pistol Medal c. As part of the review process, NDBDM reviewed Petitioner’s request in consideration of his official military personnel file and drafted an AO (reference (d)), indicating entitlement to the following awards: -Legion of Merit -Defense Meritorious Service Medal with one oak leaf cluster -Meritorious Service Medal -Navy and Marine Corps Commendation Medal with Combat V and three gold stars -Navy and Marine Corps Achievement Medal -Combat Action Ribbon -National Defense Service Medal with one bronze star -Armed Forces Expeditionary Medal -Iraq Campaign Medal with one bronze campaign star -Global War on Terrorism Expeditionary Medal -Global War on Terrorism Service Medal -Humanitarian Service Medal -Sea Service Deployment Ribbon -Armed Forces Reserve Medal with hourglass The AO did not verify entitlement to any further unit, campaign, expeditionary, service, or marksmanship awards. d. Petitioner responded to the AO and provided further clarification and/or supporting documentation to justify entitlement to all but two awards indicated on the 2006 DD Form 214. CONCLUSION: Upon review and consideration of all the evidence of record, NDBDM’s AO, and the Board’s own independent analysis, the Board determined that Petitioner’s request warrants relief. The Board noted that Petitioner is not authorized the Meritorious Unit Commendation awarded to Naval Air Station Joint Serve for the period 15 November 1997 to 22 July 2000. Petitioner did not join the unit until after the awarding period. Petitioner is not authorized the Armed Forces Service Medal. This award was erroneously entered on the DD Form 214 vice the Armed Forces Reserve Medal, for which the Petitioner is entitled. Additionally, since the Legion of Merit and the second award for the Defense Meritorious Service Medal [with one oak leaf cluster] were awarded after the Petitioner was issued his 2006 DD Form 214, these awards cannot be reflected on the corrected DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215). However, these two awards are part of the Petitioner’s official military record. In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) containing the following awards: -Defense Meritorious Service Medal -Meritorious Service Medal -Navy and Marine Corps Commendation Medal with Combat V and four gold stars -Navy Achievement Medal -Combat Action Ribbon -Joint Meritorious Unit Award -Navy Unit Commendation -Navy Expeditionary Medal -National Defense Service Medal with one bronze star -Armed Forces Expeditionary Medal -Iraq Campaign Medal with one bronze star -Global War on Terrorism Expeditionary Medal -Global War on Terrorism Service Medal -Humanitarian Service Medal with one bronze star -Military Outstanding Service Medal -Sea Service Deployment Ribbon with one bronze star -Navy Arctic Service Ribbon -Navy Reserve Sea Service Ribbon -Navy and Marine Corps Overseas Service Ribbon -Armed Forces Reserve Medal with hourglass -Navy Expert Rifle Medal -Navy Expert Pistol Medal That a copy of the Navy and Marine Corps Commendation Medal for meritorious service during the period from October 2001 to September 2003 be added to Petitioner’s official military personnel file. That a copy of the letter from the Commander, Combined Disaster Assistance Center, dated 31 March 2006, be added to Petitioner’s official military personnel file. That a copy of this report of proceedings be filed in Petitioner’s naval record. That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 7 April 2006. 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. 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.