DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5006-00
23 May 2001
Dear
This is in reference to your application for correction of your naval
record pursuant to the provisions of Title 10 of the United States Code,
section 1552.
A three—member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 22 May 2001.
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, your naval record and applicable statutes, regulations and
policies. In addition, the Board considered the letter of 13 June 2000,
from the Navy Department Board for Decorations and Medals to Congressman
Rahall, a copy of which is enclosed.
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 erroz~ or injustice. In this connection
the Board substantially concurred with the comments contained in the 13
June 2000 letter.
Accordingly, your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
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 and material evidence or
other matter not previously 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,
W. DEAN PFEIFFER
Executive Director
Enclosure
DIPARTMENT OF THE KAVY
OFFICE OF THE SECRETARY
1000 NAVY PENTAGON
WASHINGTON, D.C. 30300-10.00
1650
NDBDM 001
13 June 2000
The Honorable Nick J. Rahall II
Member, Congress of the United States
601 Federal Street, Room 1005
Bluefield, WV 2470~—3033
Dear Congresseman Rahall,
Thank you for your letter of May .11, 2000, to the Navy Awards
Branch concerning the military award requests in the case of Mr. In
reviewing all the information in this case, the following are the
results~
(1) Mr. is not eligible for the Purple Heart Medal due
to the fact that the injury was not a result of enemy action, either
in combat or as a peacekeeping force.
(2) We cannot take any action on the Navy and Marine Corps
Commendation Medal because be was not recommended for such an award
by the command under which he was serving. In addition, there was no
evidence presented for such an award to be reviewed despite the fact
that the act(s) do not meet the mandated time requirement of five
years. Should Mr. desire to continue pursuit of this award, he
must receive the recommendation of a. senior officer from the
command under which he served.
(3) A Sea Service Deployment Ribbon should be awarded for the
deployments that are evidenced on his evaluation reports. To pursue
this, he needs to contact National Personnel Records Center,
Military Personnel Records (Navy), 9700 Page Boulevard, St.. Louis,
MO 63132-5100.
I hope that the information providcd azmwers all questions
from your constituent. If I may be of further service, please do not
hesitate to contact me.
CDR, U.S. NAVY
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