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

Docket No. 2214-19 
Ref: Signature Date

Dear	,

This letter is in reference to your reconsideration request dated 13 February 2019. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of the entire record, the 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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 August 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 and applicable statutes, regulations and policies.

On 14 July 1969, you were released from active duty and transferred to the Navy Reserve.

You requested to be advanced to E-5 while serving in Vietnam on or about 1969, to be awarded the Naval Battle “E”, and the Vietnam Service Medal (VSM) with two bronze stars. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. Nevertheless, the Board concluded that on 28 May 1969, you declined advancement to pay grade E-5 authorized to be effected on 16 April 1969 because you did not desire to obligate for required active service specified in NAVPERS 15989. Furthermore, the Navy “E” ribbon was authorized by SECNAV letter Ser 210 of 31 March 1976 for permanent duty on ships or in squadrons that won Battle Efficiency competitions after 1 July 1974. Finally, DD Form 215 was issued 20 June 2017 via BCNR action authorizing you to wear the Vietnam Service Medal with 4 bronze stars.

It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction.

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