DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 (2) Navy Dept Board of Decorations and Medals ltr of 17 Sep 19 1. Pursuant to the reference, Petitioner, a retired Navy Captain assisting the daughter of a deceased former enlisted Sailor , filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that the Silver Star Medal (SS) be added to military record. 2. The Board, consisting of , , and , reviewed Petitioner’s allegations of error and injustice on 20 November 2019 and, pursuant to its regulations, determined that the corrective action indicated below should be taken based on the available evidence of record. Documentary material considered by the Board consisted of the petition, relevant portions of the naval records, as well as applicable statutes, regulations, and policies. The Board also considered the enclosed 17 September 2019 Advisory Opinion (AO) provided by the Navy Department Board of Decorations and Medals. 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 did not exhaust all administrative remedies available under existing law and regulations within the Department of the Navy. b. enlisted in the Navy and began a period of active duty on 25 January 1966. From 2 October 1067 to 1 September 1968, was operationally assigned to River Squadron FIVE (RIVRON 5). RIVCON 5 was a participating command in the Presidential Unit Citation (PUC) awarded Delta River Patrol Group. was then transferred to River Patrol Flotilla FIVE (RIVPATFLOT 5) and subsequently assigned to River Division FIVE THREE TWO (RIVDIV 532) from 1 September 1969 until 28 July 1969. RIVDIV 352 was a participating command in the PUC awarded Commander, Task Group 194.9, and the Naval Unit Citation (NUC) awarded Task Element 194.9.5.1. On 5 August 1969, was discharged with an honorable characterization of service. c. Petitioner asserts that is entitled to the SS based on his combat actions on 2 April 1968. In support of his contention, Petitioner provided a Personal Award Recommendation, statements from witnesses, and copies of award packages for other service men who received awards for their actions on 2 April 1968. d. On 24 July 2019, the Board requested an Advisory Opinion (AO), enclosure (2), as to whether was entitled to the SS, and if he was entitiled to any additional awards that were not documented on his DD Form 214. On 17 September 2019, the President, Navy Department Board of Decorations and Medals (NDBDM) provided an AO. NDBDM determined is not entitiled to the SS because he has never been properly nominated for the SS, or any other personal decoration, under Department of Defense or Department of the Navy regulations. Therefore, the Personal Award Recommendation may be considered under the administrative awards process so long as it is meets all other criteria for award nominations submitted outside normal timelines. NDBMD noted that the Personal Award Recommendation was originated by the late CAPT , who was not in chain of command at the time. A nomination is required to be forwarded to the first available officer within a servicemember’s chain of command for endorsement. Since not all officers within chain of command at the time are deceased, the current Personal Award Recommendation does not constitute an administratively complete award nomination. Therefore, not all administrative avenues of relief have been exhausted. Additionally, the NDBMD determined that is entitled to some military awards that are not reflected in his official record. is entitled to the following awards: Purple Heart Medal, Combat Action Ribbon, Presidential Unit Citation with one bronze star, Navy Unit Commendation with one bronze star, National Defense Service Medal, Vietnam Service Medal with one silver and one bronze engagement star, Republic of Vietnam Meritorious Unit Commendation with Gallantry Cross (RVNMUCGC), Republic of Vietnam Meritorious Unit Commendation Civil Actions Color (RVNMUCCA), and Republic of Vietnam Campaign Medal with 1960 device. The AO was provided to Petitioner on 3 October 2019, and he was given 30 days in which to submit a response. When Petitioner did not provide a response, this case was submitted to the Board for consideration. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief. RECOMMENDATION In view of the above, the Board directs the following corrective action. That naval record be corrected by including all awards he is entitled to (listed in paragraph 3.d. above) in his record. That be issued a new DD Form 214. That no further action be granted. That a copy of this report of proceedings be filed in Petitioner’s naval record. 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. 12/26/2019 Executive Director