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NAVY | BCNR | CY2006 | 04799-06
Original file (04799-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 BJG
 Docket No: 4799-06
 26 January 2007
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, in effect, removal of the Commanding General, Fleet Marine Force, Pacific letters of 11 June and
5 November 1970, both marked “Cancelled.” You also requested reinstatement and promotion to lieutenant colonel. In your previous case, docket number 834-66, the Board denied your request to remove all your failures of selection to lieutenant colonel (Fiscal Year (FY) 1968 through 1971). You now impliedly request removing whatever failures of selection in which the contested letters could have been a factor.
It is noted that Headquarters.Marine Corps (HQMC) has agreed to. remove both contested letters. Your naval record is being forwarded to HQMC for that action.
A three-member panel of the Board for Correction of Naval Records, sitting in executive, session, considered your application on 25 January 2006. Your allegations of eiiror 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 advisory opinion from HQMC, dated 8 August 2006, a copy of which is 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. The Board noted that only the FY 1971 Lieutenant Colonel Selection Board, convened on 4 August 1970, could have seen either of the contested letters, and that this promotion board could have seen only the letter dated 11 June 1970. In the absence of selection by a duly constituted board of officers, the Board was unable to find you would have been selected by the FY 1971 promotion board and promoted to lieutenant colonel had the letter of 11 June 1970 not been available. The Board found the FY 1971 failure of selection should stand, as the letter would not have harmed your competitiveness for promotion,. In this regard, the Board found your record also included another copy of the same letter that was not marked “Cancelled,” so at worst, the promotion board would have inquired as to whether you had been awarded the Bronze Star, and would have been advised that you had been awarded that medal. Finally, the Board noted that your retirement on 1 November 1970 was by reason of physical disability, not failures of selection for promotion. In view of the above, your application for relief beyond that to be effected by HQMC 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,



ROBERT D ZS ALMAN
 Acting Executive Director
Enclosure















2
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
         QIJANTICO, VIRGINIA 22134-5103  

                  IN REPLY REFERTO:
                  1650
          MMMA- 4
          08 AUG 2006


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

 FROM:    Commandant of the Marine Cor p s Prepared by:
 Head Military Awards Branch
PURPOSE:         To p ro vide comments and recommendation on the petition by o      remove from his official military records the copy of the letter that is marked “cancelled” for the Meritorious Service Medal for services from 16 August 1969 to 1 November 1970, and the Bronze Star Medal with Combat “V” for his actions 1 September 1968 to 8 July 1969 in the Republic of Vietnam.
DISCUSSION: A review of his records, those of this Headquarters, and those of the Navy Department Board of Decorations and Medals revealed tha t was originally recommended by his commanding officer for the award of the Bronze Star Medal with Combat “V’ for his service during the period 1 September 1968 to 8 July 1969. The award recommendation was forwarded through the chain of command to the Commanding General, Fleet Marine Force Pacific for consideration. The Commanding General determined that the Navy Commendation Medal with Combat “V” was the more appropriate award to
His commanding officer subsequently resubmitted the award recommendation with additional information which was not available at the time the award was originally considered by the various awards boards and the approving authority. On 11 June 1970, the Commanding General, Fleet Marine Force Pacific approved the awarding of the Bronze Star Medal with Combat “V’ for his service during the period 1 September 1968 to 8 July 1969. As a result of the Commanding General’s decision to change the previously approved award, action was taken to rescind the Navy Commendation Medal with Combat “V” which had been approved for the same period of service.
As the result of action taken by the Headquarters, Fleet Marine Force, Pacific to issue a citation for the Meritorious Service Medal t he which correctly reflected his middle initial, the award citation which was previously presented to him was cancelled.
RECOMMENDATION: In view of the above information, it is recommended that the letter dated 11 June 1970 and the letter dated 5 November 1970 with attached citation for the Meritorious Service Medal be removed ~ official military record.

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