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NAVY | BCNR | CY2006 | 10020-06
Original file (10020-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                              BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
                   WASHCNGTON DC 20370-05100
                                                      CRS
                                                      Docket No: 10020-06
                                                       28 June 2007
Dear
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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 June 2007. 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. In addition, the Board considered the letter furnished by Headquarters Marine Corps (HQMC), dated 13 December 2005, 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. In this connection the Board substantially concurred with the comments contained in the HQMC letter. The Board also noted that you have already been awarded the Combat Action Ribbon. The document you submitted in support of your contention which you maintain is a recommendation for the Silver Star, is actually a forged copy of a DD Form 214. As such, it has no probative value. 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.

C onsequently, 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













































DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
                                             QUANTICO, VA 22134-5103
                                    IN REPLY REFER TO:
         1650
                                                                                          MMMA—3
                                                                                          13Dec05



This responds to your inquiry, addressed to the Board for Correction of Naval Records, Washington, DC, which was forwarded to us for a reply, concerning verification of awards for your service in the U.S. Marine Corps. Due to the increased demands resulting from ongoing combat operations, I regret the delay in responding to your request.
You are entitled to the following awards, which are listed in order of precedence:
Combat Action Ribbon for service in Vietnam
Presidential Unit Citation awarded to 1st Marine Aircraft Wing for service in Vietnam during the period May 11, 1965, to September 15, 1967
Meritorious Unit Commendation awarded to 9 th Marine Regiment for service in Vietnam during the period November 29, 1967, to January 12, 1968
National Defense Service Medal
Vietnam Service Medal with four bronze campaign stars
Republic of Vietnam Meritorious Unit Citation
(Gallantry Cross Color with palm and frame) ribbon bar
 Republic of Vietnam Meritorious Unit Citation
(Civil Actions Color with palm and frame) ribbon bar
Republic of Vietnam Campaign Medal
Rifle Expert Badge
A review of your official military record, the records of this Headquarters, those of the Navy Department Board of Decorations and Medals, and Fleet Marine Force Pacific revealed no evidence that you are entitled to the award of the Silver Star Medal or any other personal decoration.


The documentation you provided as evidence of an award recommendation does not warrant further consideration.
 I


During the period you served in the Marine Corps, the Purple Heart Medal was authorized for award to those who were wounded or injured as a direct or indirect result of action by an enemy of the United States. Verification of entitlement must be made by official entries in your service record, medical record, or casualty reports.
A thorough review of your medical record and the records at this Headquarters failed to reveal any documentation to substantiate your entitlement to a Purple Heart Medal. Therefore, since there is no indication in your records that you were injured under conditions which would qualify you for the Purple Heart Medal, it has been determined that you are not eligible for the award of the Purple Heart Medal.
A copy of this letter will be filed in your official military
 records, which have been returned to the National Personnel Records
Center. Any further inquiries should be directed to Navy Personnel
Command, Retired Records Section, PERS 3l2D2, 9700 Page Avenue, Room
5409, St. Louis, Missouri, 63132.


Sincerely,




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


























2

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