Dear  
 
This letter is in reference to your reconsideration request dated 8 August 2019.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 17 October 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You were awarded the Bronze Star with Combat Distinguishing Device “V” (BV) for heroic achievement and courage under fire on 23 February 1970 while serving as a boat captain of a river patrol boat.  You are petitioning this Board to request reconsideration for either the Medal of Honor or the Navy Cross from the appropriate awards board. 
 
The Board, in its review of the entire record, carefully weighed all the evidence submitted on your behalf including, but not limited to, the contentions as outlined in your legal 
representative’s rebuttal statement, and the submission of two additional notarized affidavits detailing your heroic efforts on the day in question.  Further, you contend that the two affidavits describe and outline several acts of heroism not previously reported in the relevant after action reports or witness statements, and that such critical information was neither available, nor recognized when the original awards determination was considered. 
 
However, the Board unanimously determined, even after reviewing the evidence in the light most favorable to you, that this request does not merit relief.  The Board determined that the additional information you submitted merely adds varying levels of detail to the same essential account as previously provided in the original award determination, and does not describe acts of heroism beyond those previously recognized by the Department of the Navy.  The Board concluded that the chain of command was aware of all of the relevant facts prior to awarding your BV, and that reconsideration of this award would be inconsistent with the awards standards applied to all Navy service members, past and present.  The Board sympathized with the facts and circumstances in your case, but ultimately determined that this application does not warrant any further consideration by the appropriate awards board for an award upgrade. 
 
The Board sincerely appreciates, respects, and commends you for your honorable and faithful service during Vietnam and your entire Navy career.  You stood the watch with honor, courage, and commitment.  It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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.