DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2100-08
6 May 2009
2 As
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.
é
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 May 2009. 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
opinions furnished by Chief of Naval Operations and Secretary of
the Navy Council of Review Boards dated 26 February and 3 March
2009, copies of which are attached, and your rebuttal.
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 opinions.
After reviewing the provisions Of SECNAVINST 1650.1G and your
interpretation thereof, the Board was not persuaded that all
service performed by an individual in receipt of imminent danger
pay is “combat service”, or that it was improper to award the
Meritorious Service Medal to an individual who was in receipt of
imminent danger pay during the period in which the meritorious
service was performed. In addition, the Board did not accept
your contention to the effect that your receipt of the
Meritorious Service Medal established your entitlement to the
Bronze Star Medal. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
Tt 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 inaterial
evidence or other matter not previously considered by the Board.
Tn this regard, it iS important to keep in mind that a
presumption of regularity aktaches to all official records.
Conseuuent ty, wnen applying {or 3 correction of em official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Las
W. DEAN PFE
Executive Di tor
Enclosures
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