Docket No: 6819-19  
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 19 August 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 a letter from the National Personnel Record Center (NPRC) dated 3 March 2016.  The Board also considered a letter from the Marine Corps Award Branch (MMMA-3A) dated 6 June 2017, an advisory opinion (AO) provided by the Navy Board of Decorations and Medals (NDBDM) dated 17 October 2019, and applicable statutes, regulations and policies. 
 
An AO reviewed your request for correction to your record and provided the Board with an AO dated 17 October 2019, regarding your request for the Vietnam Service Medal (VSM), Vietnam Cross of Gallantry (RG), Vietnam Humanitarian Service Medal (HSM), and the Civil Action Medal (RC).  NDBDM stated in part that the , did qualify for the VSM, HSM, RG, and RC, and did participate in Operation Frequent Wind (OFW), and the evacuation from Saigon, on 29-30 April 1975.  However, no record substantiates that you or any element of 2/3 was embarked during 1975.  Nor does any official record substantiate that 2/3 participated in OFW.  Records do substantiate that on 4 July 1975, deployed from  to to assist in refugee resettlement operations.  However, those operations were not part of OFW, which terminated on 30 April 1975.  A presumption of regularity attaches to the official records, and you failed to submit any evidence to overcome this presumption.  In fact, one of the documents you submitted with your petition refutes your claim. A 15 June 2018 letter from the National Archives to you, states your name was not found on the muster roll for  for April 1975, and there was no mention of  on the roll.   
 
The Board reviewed the recent submitted statements and documents you provided and compared them with the information contained in the official files.  After careful and conscientious consideration of the entire record and the AO dated 17 October 2019, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  The Board also noted that you failed to provide a rebuttal to the AO supporting your entitlement to VSM, RG, HSM, and the RC.  In regard to your request for your entitlement to the VSM, RG, HSM, and the RC, as per the AO dated 17 October 2019, the Board noted that the record failed to reveal you are entitled to the awards in question.    
  
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,