Docket No: 3905-19  
Ref: Signature Date 
 
 
Dear : 
 
This is in reference to your application of 4 September 2017 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 5 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty service on 16 February 1968.  On 6 August 1968, you received non-judicial punishment (NJP).  On 18 October 1968, you received a 2.8 in military appearance on your performance evaluation.  On 21 December 1971, you were honorably discharged and released from active duty. 
 
The Board carefully weighed all potentially mitigating factors and considered your contention that you should have received the Good Conduct Medal.  Specifically, you contend that you should be awarded the Good Conduct Medal because all your scores were above 3.0, except for one.  The Board also considered your explanation of the NJP you received.  The Board also noted you previously submitted a request for waiver of the Good Conduct Medal requirements but it was denied by Chief of Naval Personnel.  The Board, noting the regulations governing the award, does not authorize the medal when a servicemember has a mark of less than 3.0 in any trait or a NJP within a prescribed time.  The Board concluded you are not eligible for the Good Conduct Medal nor is there an error or injustice which warrants a waiver of the requirements.  Therefore, the Board determined that, despite your honorable service, your record does not entitle you to the Good Conduct Medal. 
 
The Board considered your contention that you should have been promoted to radioman second class (RM2) while stationed onboard the  because you successfully completed the requirements for advancement, but “for some unknown reason, was not promoted to RM2.”  The Board noted that you completed “RM3 & 2” training and were recommended for advancement, but there is no indication you passed the required examination for RM2. 
 
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.