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

Docket No: 1279-19                                                          
Ref: Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:   (a) 10 U.S.C. § 1552
    
Encl:  (1) DD Form 149 with attachments 

1.  Pursuant to the provisions of reference (a), Petitioner, a former Marine, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting his Certificate of Release or Discharge from Active Duty (DD Form 214) be changed to reflect his entitlement to the Navy Cross for his service in the                .  

2.  The Board, consisting of           , reviewed Petitioner’s allegations of error and injustice on 31 October 2019 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 the enclosure, relevant portions of Petitioner’s naval service records, and 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.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy.  

     b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. 

     c.  Petitioner served in the Marine Corps from 21 August 1950 until 1 September 1951, when he was placed on the Permanent Retired List.  Petitioner served in the                    and participated in the. He was wounded in action on 29 November 1950.      

     d.  A review of Petitioner’s record reflects he is entitled to the Navy Cross, but his DD Form 214 does not reflect the entitlement.   

CONCLUSION: 

The Board determined Petitioner is entitled to wear the Navy Cross. 

RECOMMENDATION: 

In view of the above, the Board directs the following corrective action: 

Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to indicate his entitlement to the Navy Cross.   

No further changes be made to Petitioner’s record. 

A copy of this report of proceedings be filed in Petitioner’s naval record. Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 16 January 2019.
 
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 Regulations, 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


11/8/2019