DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

CRS
Docket No: 
14 February 2002

3975-01

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 13 February 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.
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.
The Board found that you reenlisted in the Marine Corps on 3
August 1964 after four years of prior active service.
reflects that you served in Vietnam from 24 November 1965 to 12
March 1966 and from 25 August 1969 to 19 March 1970.
Subsequently, you were honorably discharged by reason of
expiration of term of service on 19 May 1970.
Your commanding officer (CO) specifically declined to recommend
you for a personal decoration for your second period of Vietnam
service.
However, in 1999, he recommended that you receive the
Bronze Star Medal with Combat 
Subsequently, a board of
retired generals with combat experience reviewed the former 
CO's
recommendation, but concluded that neither the Bronze Star Medal
nor any other personal decoration should be awarded.
Commandant of the Marine Corps (CMC) concurred with the board of
generals and denied the recommendation of your former CO.
After careful and conscientious consideration of the entire
record, the Board found no evidence that would warrant

rcV1l.

The record

The

In this regard, the Board

Accordingly, your application has been

overturning the action of CMC.
substantially concurred with the comments set forth in the
letters of 17 January, 26 March and 2 May 2001 from the Head of
the Military Awards Branch, Headquarters Marine Corps, copies of
which are attached.
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

Enclosures

HEADQUARTERS  

DEPARTMENT OF THE NAVY
 
3280RVSSELL  ROAD

UNITED  STATES

QVANTICO,  VIRGINIA   22 

134-s 103

MARINE  

cob.  

a

IN REPLY REFER TO:

165 0
MMMA-4

is is in response to an inquiry in your behalf from
regarding an award for your service while a member o

Marine Corps during the Vietnam Conflict.

As we indicated to you in our letter of January 17, 2001, the

our behalf by
was referred
, 
sideration.

personal award recommendation,
your former commanding officer,*
to the Headquarters Marine Corp
The Board was comprised of three retired general officers in the
grades of Lieutenant General and Major General, all of whom had combat
experience during the Vietnam Conflict. After considering the award
the Board made a unanimous recommendation to the
recommendation,
Commandant of the Marine Corps that he approve "no award" in your
case.
personal award recommendation and the Board's recommendation, that
your service, while most commendable, did not meet the criteria for
the award of the Bronze Star Medal with Combat "V" or any other per-
sonal decoration.

Subsequently, the Commandant determined, after reviewing the

Consequently, no further action can be taken.

However, should you
choose to further pursue this issue, it is recommended that you submit
a petition to the Board For Correction of Naval Records.
sure is provided for your convenience.

The enclo-

Sincerely,

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

Enclosure: 1.

Application For Correction of Military
Record Under the Provisions of Title 10,
U.S. Code, Section 1552 

(DD Form 149)

DEPARTMENT OF THE

 

NAVY

HEA DQ UA R TERS UNITED STATES MARINE COR

3280 RUSSELL ROAD

QUANTICO.  VIRGINIA 22134-5103

P S

IN REPLY REFER TO:

165 0
MMMA-4

Dear

This is in response to your letter of February 23, 2001,

to the Secretary of Defense, which was referred to this
Headquarters for repiy regarding   an 
a member of the U.S. Marine Corps during the Vietnam Conflict.
I am responding on behalf  of the Secretary of  Defense.

Lo-c your service while

dward 

As we  indicated to you
reply to your petition to
you included with your correspondence, once an award has been
considered, and reviewed by boards and the awarding authority,
the decision becomes final.

a copy of which

anuary 17,

 

2001, i n

After reviewing the information from then
m, U.S. Marine Corps and then Captain
III, U.S. Marine Corps, that you included wi
correspondence, we found no additional or pertinent information
which would warrant reconsidera
mendation that was submitted by

d recom-

Consequently, until such as

who has personal, first hand,
new and relevant information,
ered, no further action can be  

taken.

or another officer,
knowledge of your actions, submits
which was not already been consid-

Sincerely,

Head, Military Awards Branch
Personnel Management Division
By direction of the
Commandant of the Marine Corps

DEPARTMENT OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280RVSSELL  ROAD

QVANTICO, VIRGINIA

 

22134-5103

IN REPLY REFER  

TD.

1653
MMMA-4

Dear

This is in reply to an inquiry in your behalf from

Congressman,
while a member of the U.S.
Conflict.

garding an award for your service

Marine Corps during the Vietnam

The personal award recommendation tha
behalf by your former commanding officer,
was referred to the Headquarters Marine Corps Special Awards
Board, which was comprised of three retired general officers,
for consideration.
After that Board had considered the award
recommendation, it was forwarded to the Commandant of Marine
Corps for final decision.
service while most commendable,
teria to merit the awarding of the Bronze Star Medal with Combat
"V" or any other personal decoration,
dation Medal or Navy Achievement Medal.

The Commandant determined that your

did not meet the prescribed cri-

including the Navy Commen-

and reviewed by boards and
Subsequent

Once an award has been considered,

the decision becomes final.

the awarding authority,
reviews, including those as provided for by Subtitle C, Section
526 of the National Defense Authorization Act for Fiscal Year
1996, are warranted  
onlv when the officer who originated the
recommendation or another officer who has personal first hand
knowledge of the Marine's actions, submits new and relevant
information, which was not available at the time the original
award recommendation was considered.
basis to warrant reconsideration.

In your case there is no

It is  a function of the delegated authority awards boards to

adjudicate the degree of heroism or meritorious service in each
instance and their recommendation for approval of a specific
award is based upon the service described in the recommendation.

Many recommendations for various decorations when studied are

found to warrant a higher or lower award than recommended.
comparison of recommendations,
in a position to determine
service performed in each instance.

the final awarding authority is
the degree of heroism or meritorious

1650
MMMA-4

From

Sincerely,

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

2