DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA  22204-2490
                
Docket No: 7351-19 
Date: Ref Signature
 
Dear Mr. : 
 
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 father’s naval record, an advisory opinion (AO) provided by Headquarters United States Marine Corps (HQUSMC)-Military Awards Branch Advisory Opinion dated 22 January 2020 and applicable statutes, regulations, and policies. 
 
The Headquarters United States Marine Corps (HQUSMC)-AO stated that there was no indication that you served the required 30 consecutive or 60 nonconsecutive days in Korea. Accordingly, HQUSMC-Military Awards Branch found you were not entitled to the Korean Defense Service Medal.  
 
The Board carefully weighed all of the factors you presented, such as your request to be awarded the Korean Defense Service Medal, and your contention, that you were transferred to Korea on 1 March 1955, and stayed there three months before returning to Japan.  The Board noted your honorable and faithful service in the Marine Corps; however, upon review of the evidence provided, without any supporting documentation or other materials to substantiate your contentions, the Board concurred with the HQUSMC-Military Awards Branch AO.    
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, 

10/24/2020
Executive Director