DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 1120-01
27 June 2001

Dear
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 of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 Jun 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.
opinion and supplement furnished by the Awards Branch,
Headquarters Marine Corps, dated 27 March and 2 April 2001,
copies of which are attached.
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.
concurred with the comments contained in the advisory opinion and
supplement.
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.

In this connection, the Board substantially
The

In addition, the Board considered the advisory

Accordingly, your application has been denied.

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

,Enclosures

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL
QUANTICO, VIRGINIA

 
 

ROAD
22134-5103

IN REPLY REFER TO:

_ 

__n

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,

NAVAL RECORDS

BOARD FOR CORRECTION OF

Subj:

“1

Encl:

TION IN THE CASE OF

(1) Extract from  

Decorations 

DoDINST  1348.38-M, Manual of Military
& Awards

1.
As stated in the enclosure,
distinguished act, achievement,
facts, later determined, would have prevented original approval
of the decoration.
From available information and the guidance
delineated in the enclosure,
authority acted appropriately in the revocation of the Joint
Service Commendation Medal in the case of Staff
Sergeant

any Defense decoration for a
or service may be revoked if

it appears the awarding

Since this is a Department of Defense awards issue, it is

2.
recommended that this case be directed to that agency for an
advisory opinion.

ary Awards Branch

Personnel Management Division
By direction of the
Commandant of the Marine Corps

f---Z

‘._

1

2.  While Service

  members permanently  assigned to staff or faculty positions of joint-Service

schools 

arc  eligible for Defense awards, students of such schools are not.

3.

Individuals  permanently  assigned to joint 

duty organizations 

m eligible for Defense

awards consideration. However, eligibility for joint awards does not constitute eligibility for
JDA credit, as governed by 10 U.S.C. 668 (reference (g)).

‘4.‘ Individual mobilization 

augmenters
also eligible for Defense awards consideration.

 

(R&Is)  permanently assigned to joint activities are

5.

Seir~  under operational control of a joint activity does not constitute Defense award

eligibility. Personnel who are assigned to Military Department components that are subsequently
attacl1e.d  to a joint activity 
Defense decoration.
Service-specific 

for  administrative or exercise purposes shall 
 performing as 

&e  not eligible for Defense awards.)

(e.g.,  mobile training teams) 

(Individual Service 

meinbers

not be  eligible for a

part  of a  unit  whose  mission is

6. 

DOD  decorations will be awarded for recognition of outstanding achievement, In

to  Service members on temporary duty 

recognition of outstanding achievement (as defined in Chapter 1, subsection B. 
Defense decorations may be awarded 
activity. The achievement must be of a truly outstanding nature. Only under the most unusual
circumstances will the Defense Distinguished Service Me&l
Medal (DSSM) or Defense Meritorious Service Medal (DMSM) be awarded as an impact award
for outstanding 
recognize exceptionally distinguished service and exceptionally superior service,
and  to honor an individual
recognizes 
recognition through the DSSM. For awards purposes, the word 
of  time greater than 12 months and encompassing an individual

m ed at levels up to but which do not merit
“service ” is defined as 
’s entire joint assignment.

’s accomplishments over a sustained period. Likewise, the DMSM

exceptionally  m eritorious service perfor

TQY  ACHIEVEMENT. The DDSM 

(DDSM),

(TDY)

 

 

and the  DSSM are specifically intended to

kspectively,

“a period

”

3.,  above).

 to a joint

 Defense Superior Service

7. No Defense decoration shall be awarded or presented to any Service member whose entire
service  during  or  after the time of the distinguished act, achievement, or service has not been
honorable.

8.  Any Defense decoration for a distinguished act, achievement, or service may be revoked if

m ined, would have prevented original approval of the decoration. Commanders

and make 

m ing aware of any such instances must immediately report the

facts, later deter
or staff directors beco
circumstances 
recbhmendations,
review and determination of appropriate action.
their legal staff in 
decoration also should be revoked if the basis for which it was awarded no longer exists 
Service  m ember ’s permanent change of station (PCS) assignment was canceled). 
awarding authority has determined that a Defense decoration 
o
r de

be  revoked  and the Service member notified by the parent 

s shou

l d 

r

all  cases where there is doubt as to the appropriateness of the award action. A

 through channels, to the awarding authority for

Awarding authorities must seek advice from

W hen the
ihould  be revoked, the original
Servict.

M ilitary 

.I

.

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I~TEKS MAR

HEADCUA
MANPOWER AND RESERVE AFFA
3280  RUSSELL ROAD
QUANT
COMM:
FAX

 
703-704-9066

ICO VA 22134-5103

703-704-9206’07,

DSN;

 

 

 

278-92WO7

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for the commander (by direction) but  still is directive in nature. This level of command would have  been
authorized to both award 

and rescind the  award.

I coordinated with my
provido 
should remain rescinded.

 counter part on the Joint

 Staff. ho concurrod with my analysis and can see no way to

rclicf in this case. It is the opinion of the Marine Corps Military Awards Branch that the award

I am sorry 
be of 

further  assistance.

lhat we were unable to address 

tile issue in our original submission.

Pls give me a 

call if I can

Head, USMC Awards