Docket No: 4879-19 
           Ref: Signature Date 
          
  
Dear : 
 
This is in reference to your application of 25 April 2019 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 14 May 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, available portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 15 September 1952.  You were honorably discharged from active duty and transferred to the Naval Reserve on 16 August 1956 after reaching the end of your active obligated service.  At discharge, your Certificate of Release or Discharge from Active Duty (DD Form 214) reflected your entitlement to the National Defense Service Medal and the Good Conduct Medal.  On 8 October 1957, you were issued a Correction to DD Form 214 (DD Form 215) which added the  Service Medal for performing duties in  between 27 July 1950 and 27 July 1954. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you are entitled to the  Defense Service Medal because your ship fired rounds into  in support of the war.  You further contend you are not able to “prove my  Service” with your DD Form 214.  The Board noted that in order to be eligible for the  Defense Service Medal one must have served at least 30 consecutive days in the  theater from 28 July 1954 to present.  The Board noted that, while stationed on the USS  , you operated off the coast of  from 1-15 June 1954.  Noting the length and time of your service, the Board determined there is insufficient evidence that your service makes you eligible for the Defense Service Medal. 
 
With respect to your contention that “I am currently not able to prove my service”, the Board has enclosed a copy of the DD Form 215 issued on 8 October 1957 which reflects your entitlement to the  Service Medal. 
 
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, 
 
                                                                               6/27/2020

 
Enclosure