Docket No: 4954-19 
Ref: Signature Date 

Dear   
 
This is in reference to your application 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 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 for Correction of Naval Records, sitting in executive session, considered your application on 2 December 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, and the relevant Advisory Opinion (AO) of 31 October 2019. 
 
You enlisted in the Navy and began a period of active duty on 9 January 1951.  You participated in combat operations off the East Coast of  aboard the from 29 to 31 August 1951.  You were discharged from the Navy on 17 March 1953.  At the time of your discharge you were issued a Report of Separation from the Armed Forces of the United States (DD Form 214) indicating entitlement to the  Service Medal with one star and the  Service Medal.        
 
As part of the review process, Navy Personnel Command considered your request, and issued an AO dated 31 October 2019.   The AO noted that the eligibility period for the Defense Service Medal started on 28 July 1954, after you were discharged.  Therefore, you are not eligible for this award.  The AO was provided to you, and you were given 30 days in which to submit a response.  When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration.   
 
The Board carefully reviewed your request for the Defense Service Medal, service record, and the AO.  The Board concurred with the AO and found that since you were discharged prior to the eligibility period for the Defense Service Medal, you are not entitled to this award.   
 
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 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.