DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 7836-19  
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Subj:  REVIEW OF NAVAL RECORD OF 

Ref:   (a) 10 U.S.C. §1552 

Encl: (1) DD Form 149
      (2) Advisory Opinion of 13 Mar 20 

1.  Pursuant to the reference, Petitioner, filed enclosure (1) with this Board requesting that he be awarded the        Defense Service Medal (   ), the Navy Good Conduct Medal (NGCM) and a Silver Star to the         Service Medal (     ).  He contends he was on board USS           (assigned to Attack Squadron   ), attached to Task Force 70.6 when it was called to the          to respond the seizure of USS      . He also contends that he served five tours in     .

2.  The Board, consisting of    ,     ,    and    , reviewed Petitioner’s allegations of error and injustice on 28 April 2020, and pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of his naval records, and applicable statutes, regulations, policies.  The Board also considered an advisory opinion (AO) provided by President, Navy Department Board of Decorations and Medals. 

3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice finds as follows:

      a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

      b.  Petitioner enlisted in the Navy and began a period of active service on 24 January 1966.  He was discharged on 29 October 1969 with an Honorable discharge.

      c.  The Navy Department Board of Decorations and Medals, reviewed Petitioner’s request and provided an advisory opinion (enclosure(2)). It states, in part, that Petitioner is entitled to a Silver Star on his      Service Medal.  It also opines that the Petitioner is not entitled to the       or NGCM.

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief.  The Board’s decision is based on Petitioner’s contention that he served five tours in           .  The Board, concurring with the reasoning in the AO, found that Petitioner was not entitled to the       or NGCM.  However, the Board found he was entitled to a Silver Star to the      . 

RECOMMENDATION 

In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action:
 
Petitioner’s naval record be corrected to show that he received a Silver Star to the          Service Medal (   ). 

Petitioner be issued a DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty. 

A copy of this Report of Proceedings be filed in Petitioner’s naval record. 

No further relief be granted. 

Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 29 July 2019. 

4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 

5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 


5/29/2020 
Deputy Director