Docket No: 5358-19 
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 25 November 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 9 July 1953.  On 8 July 1956, you were discharged with an honorable characterization of service. 
 
You request that the Board add the Korean Service Medal (KSM) and Korean War Service Medal (KWSM) to your DD Form 214.  You assert that you served aboard a ship in Korean waters in December 1954 for approximately 4 or 5 days.  On 20 September 2019, the Board requested an Advisory Opinion (AO) as to whether you were entitled to the KSM and/or KWSM.  On 30 September 2019, the Commandant of the Marine Corps (MMMA) AO determined you were not eligible for either the KSM or the KWSM.  The Board provided the AO to you and gave you the opportunity to submit any further statements and additional documentary material in support of your petition.  The Board did not receive any additional materials from you. 
 
The Board found no error in the records.  The Board noted that the KSM was awarded to all members of the U.  S.  Armed Forces who participated in operations in the Korean area during the period of 27 June 1950 to 27 July 1954, and that you were not in Korea during the period this award was authorized.  Additionally, the Board noted the KWSM was awarded to Military personnel, workers, and policemen who either served in, or through some special duty deployed to and returned from, the combat zone during the Korean War from 25 June 1950 to 27 July 1953, and you were not in Korea during the period this award was authorized. 
 
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,