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

Docket No:  11755-19 
Ref: Signature date 

Dear 
 
This 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 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 23 March 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Marine Corps and began a period of active duty on 29 August 1977. On 16 February 1980, you began duties as a Marine Security Guard at the American Embassy, Bucharest, Romania.  In October 1980, you were the driver in a motor vehicle accident that killed a Romanian citizen.  On 13 September 1983, you were discharged at the expiration of your enlistment with an Honorable discharge.  On 6 August 1985, you told a Defense Investigative Service interviewer that you were not charged by Romanian Police, arrested, or detained.  On 11 September 2018, you wrote a statement that said you were never charged with a moving violation, arrested or detained by Romanian police. You said you were detained under “house arrest” and put on “limited duty.” On 4 October 2018, the Head, HQ USMC, Policy and Verification Section, Military Awards Branch, sent you a letter that explained you were not authorized the POW Medal.  On 7 January 2019, the Veterans Administration sent you a letter that you did not qualify for POW status.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to be awarded the POW Medal and your assertions that you were held against your will as a captive in Bucharest for 119 days.  The Board also considered your assertion that you were detained by a government that wanted money for your release byyou signing a document that said: “I killed him and will take care of his family for the rest of my life.”Finally, the Board considered your assertion that you suffered physical and psychological hardship and malnutrition. 

The Board concluded these factors and assertions were not sufficient to warrant a change to your medals and decorations.  The Board noted your comments that you were never charged, arrested or held against your will nor is there evidence in your records that you were ever held against your will. The Board discerned no probable material error or injustice in your record that warrants granting the changes you have requested.
 
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,