Docket No: 5287-19 
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, sitting in executive session, considered your application on 4 June 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, available portions of your naval record, and applicable statutes, regulations, and policies, as well as the 6 August 2019 Advisory Opinion (AO) provided by Navy Personnel Command (PERS 312). 

You enlisted in the Navy on 29 September 1964. You were honorably discharged from active duty and transferred to the Naval Reserve on 14 March 1969. At discharge, your Certificate of Release or Discharge from Active Duty (DD Form 214) reflected your entitlement to the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.  On 17 October 2006, you were issued a Correction to DD Form 214 (DD Form 215) which added the Meritorious Unit Commendation Ribbon, Navy Unit Commendation Ribbon, and Republic of Vietnam Meritorious Unit Citation (Gallantry Cross Medal Color with Palm).  This DD Form 215 was superseded by a DD Form 215 issued on 6 November 2018 which added the Good Conduct Medal, Meritorious Unit Commendation Ribbon, Navy Unit Commendation Ribbon, and Republic of Vietnam Meritorious Unit Citation (Gallantry Cross Medal Color with Palm). 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered the numerous hand-written contentions on documents submitted for consideration as well as each contention stated in your submitted letters.  You contend you are missing medals, ribbons, and campaign stars for your service from 1967 to 1969; missing major schools such as “RD ‘A’ school”; and have an incorrect address listed on your DD Form 214. Per the AO from PERS 312, these contended errors were corrected by a DD Form 214 issued on 8 August 2019, a copy of which is not currently in your record nor did you provide a copy in your submission or rebuttal letter of 21 August 2019. 

The Board also considered your contention regarding leave days and pay issues from your 1970 “call up” to active dutyfor three days due to Presidential proclamation but determined you must first exhaust your administrative remedies with the Defense Finance and Accounting Service (DFAS) before the Board has purview of the contended issue. 

Additionally, you requested information under the Freedom of Information Act (FOIA).  Specifically, you requested a listing of all “West PAC Tin Cans from 1965 to 1968,” “all based destroyers from 1965 to 1968” and “all DDs in receiving Battle ‘E’ from 1966 to 1968.”  The Board does not have purview over this portion ofyour request and recommends you submit a FOIA request to the Naval History and Heritage Command (www.history.navy.mil). 

Further, you requested information on “where do military medals for a state go?”  The Board noted you received a   Service Medal but explained that state-issued awards are not included on one’s DD Form 214 nor are they worn on one’s uniform. 

Lastly, in your letter dated 21 August 2019, you contend the National Defense Service Medal is not listed on your DD Form 214 and you are “missing Navy training” for several courses.  You also state “#19B –mother’s name in military records” and “#28 released w/in 2 week of EOC” but the Board, without a copy of the August 2019 issued DD Form 214, was unable to determine if there was an error or injustice. 

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.