DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
BJ G
Docket No: 3244-02
20 December 2002
CRET
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. You requested that your
Meritorious Service Medal be removed from your naval record, or that you be awarded the
Legion of Merit
(LOM) award.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 18 December 2002. 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.
considered the advisory opinion furnished by Headquarters Marine Corps, dated 9 July 2002,
a copy of which is attached. They also considered your rebuttal letter dated 12 August 2002.
In.addition, the Board
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.
In this connection, the Board substantially concurred with the comments contained
in the advisory opinion. They were unable to find you would have received the LOM award
your command recommended, had the command submitted a “reclama.” They felt your
dissatisfaction with the award you received did not justify removing it from your naval
record. In view of the above, 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
HEADQUARTERS UNITED STATES MARINE CORPS
3200R”SSEkw~ ROA D
DEPARTMENT OF THE NAV
QUANTICO.
VlRGlNlA 221 34-51 03
Y
IN REPLY REFER TO:
165 0
MMMA
9 Jul 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR,
NAVAL RECORDS
BOARD FOR CORRECTION OF
HE CASE OF FO
Lt
ined to accept the Meritorious Service
1.
Medal awarded to him for his service in the U.S. Marine Corps
and subsequently returned the citation to this Headquarters.
The reply that he received
to Marines who return their properly tendered citations to
this Headquarters.
matter of record it cannot be removed from their OMPF even
though they have returned the citation.
It notifies them that since the award is
Ott 2000) is the standard reply
(13
2
recommen
As stated in the response
2.
Legion of Merit award
decisioned by the Commandant of the Marine Corps as a level of
service of a Meritorious Service Medal.
agree with the level of award that is decisioned they may
"reclama" by submitting new and relevant information regarding
idual and the award will be looked at
the s
mmand did not reclama this award.
again
If a command does not
rly boarded and
Sep 2001) the
The acceptance or rejection of an award is not an option
3.
available to
was properly
of record.
and cannot be deleted from his official military personnel
file.
he Meritorious Service Medal
$W
LtC
ered and as such is a matter
decisio
No error was made in the processing of this award
Awards Branch
Personnel Management Division
By direction of the
Commandant of the Marine Corps
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