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NAVY | BCNR | CY2008 | 10713-08
Original file (10713-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ,
CRS
Docket No: 10713-08
26 June 20093

 

 

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 24 June 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 ail material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies. In addition, the Board considered the advisory
opinion furnished by the Navy Personnel Command dated 8 December
2008, 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 entitied 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.

34

iW)

W. DEAN PFE
Executive Dird

cerely,

 
  

 

Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

 

1000
PERS-312D1/06
8 DEC 2008
From: Commander, Navy Personnel Command
To: Executive Director, Board for Correction of Naval Records
Via: Assistant, Board for Correction of Naval Records

(Pers-31C)

Subj: ADVISORY OPINION ICOg

 

Réf: (a) BCNR Docket Number 10713-08

1. The member’s service record does not support the fact that
while he was permanently assigned to the USS WEISS (APD-135)
from 20 November 1960 to 16 March 1964, that he was assigned
additional duty with UDT Team-11 and served “in-country” in
Vietnam.

2. In December 2007, this command issued the member the Armed
Forces Expeditionary Medal. He is entitled to exchange this
Medal for the Vietnam Service Medal. However, he must return
the Armed Forces Expeditionary Medal to this command
(PERS-312D1) prior to the issuance of the Vietnam Service Medal.

3. The member’s service record does not support the fact that he
attended any Navy schools. Furthermore, he did not earn any
additional awards.

4, It is our opinion that the portion of reference (a)
requesting approval for service “in-country” in Vietnam be

denied.
F CRP

By direction

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