Docket No: 6554-19 
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 was 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 9 September 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
  
You enlisted in the Marine Corps and began a period of active duty on 3 November 1955.  On 13 January 1983, you retired with an Honorable discharge and transferred to Fleet Marine Corps Reserve.     

In 1970, Commanding Officer, Marine Fighter/Attack Squadron 122, recommended you for a Bronze Star with Combat “V.”  The award was downgraded to a Navy Commendation with V, by the Commanding General, Fleet Marine Force, Pacific.  On 11 September 2019, a Headquarters Marine Corps (HQMC) advisory opinion found no evidence of material error or injustice with regard to your award.  HQMC concurred with a 30 April 2019 Military Awards Branch denial of a request to upgrade your award, in that the downgrade was neither arbitrary nor capricious, but a correct and consistent application of longstanding policies.   
 
You requested an award of the Bronze Star.  You stated that all the requirements for the Bronze Star were met and exceeded.  You also asserted that the original citation does not include any information or facts regarding your time with TRANSPAC and the inference is that the reviewing officer only saw your time with  and  as a Maintenance/ Material Noncommissioned Officer in Charge.  However, the Board concluded these factors and assertions were not sufficient to warrant a change to your awards and decorations.  The Board concurred with the HQMC advisory opinion.   
 
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.   
 
 Sincerely,