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Decision Text

NAVY | BCNR | CY2001 | 00963-01
Original file (00963-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
ELP

Docket No. 963-01
14 June 2001

 

 

Dear iii

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552,

A three-member panel for the Board for Correction of Navy
Records, sitting in executive session, considered your
application on 12 June 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.

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.

You enlisted in the Navy on 21 September 1960 for four years at
age 18. The record reflects that you reported to duty on board
the submarine tender, the USS PROTEUS, homeported in Holy Loch,
Scotland. You were advanced to MM3 (E-4) on 16 November 1961.
Personnel serving on board PROTEUS were authorized to wear the
Navy Unit Commendation Ribbon for the period 3 March 1961 to

23 February 1963. Thereafter, the ship returned to Charleston,
SC and you were advanced to MM2 (E-5) in June 1964. You were
honorably released from active duty and transferred to the
Navy Reserve on 18 September 1964. You received an honorable
discharge upon fulfillment of your military obligation on

20 September 1966.

The records made available for the Board's review contain no
evidence that you ever served in Vietnam or that you were treated
by a medical officer for wounds received in combat, or that you
were recommended for the Purple Heart and Silver Star Medals.
The Board considered your contention to the effect that you
served with a special unit of the Marine Corps in the Mekong

Delta and on 8 January 1964 you were treated at a field unit for
fragment wounds received to your lower right leg. You claim that

when you returned to the PROTEUS you discovered that the mission
was classified and that you were to receive the Purple Heart and
the Silver Star. However, this information was never documented
in your records. You further claim you were threatened with
imprisonment if your talked about any of the operations in which
you were involved. In order to justify correction to a military
record, you must show to the satisfaction of the Board, or it
must otherwise satisfactorily appear that your contentions are
true and supported by corroborating evidence. Such evidence
would include statements from individuals who served with you on
the PROTEUS and were also involved in these special operations,
and who witnessed your being wounded in action. You have
provided no such evidence or explanation as to why an MM2 would
be assigned to a special Marine Corps unit when his duty station
was in Charleston. The Board concluded there is no basis for
granting your request. 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

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