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NAVY | BCNR | CY2007 | 05700-07
Original file (05700-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

CRS
                                                                                          Docket No: 5700-07
                                                                                         18 June 2008


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 18 June 2008. 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 advisory opinion furnished by Headquarters Marine Corps dated 31 August 2007, 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 advisory opinion. 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. 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
 1650
 MMMA— 2
31 Aug 07
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj ADVISORY OPINION IN THE CASE OF FORME R

Ref:     (a) Request of 16 August 2007
1 Per the reference _ asserts that should be awarded the Combat Action Ribbon for his service during Vietnam.
2. A review has been conducted of medical records and the records at this Headquarters. There is no evidence to support that Mr. ever submitted for a combat action ribbon or in a situation that would warrant the ribbon while serving in Vietnam.
3.       Due to the fact that there is no indication in his records that he was ever under conditions which would qualify for the Combat Action Ribbon, Mr. not eligible for this award.
4.       In certain cases, two explicit witness statements are allowed in lieu of medical documentation or documentation in the service records. However, record contains no such statements documenting circumstances under which he would qualify for the ribbon.

 5.       The point of contact in the Military Awards Branch is Captain N. K. S. Beyer at (703) 784—9342 or DSN 784-9342.



Captain, U.S. Marine Corps
Head, Personal Awards Section
Military Awards Branch

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