DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 11028-08
21 May 2009
Dea 2.
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 that your naval record be corrected by amending
your DD Form 214 (“Certificate of Release or Discharge from
Active Duty”) for your release from active duty in the Marine
Corps on 5 November 1994 to reflect your grade as corporal (pay
grade E-4) vice lance corporal (pay grade E-3) and to show you
were awarded the Combat Action Ribbon (for service in Somalia),
the United Nations Medal (also for service in Somalia) and the
Kuwait Liberation Medal (for service in the Persian Gulf during
Operation Cease-Fire).
It is noted that Headquarters Marine Corps (HOMC) has issued you
a DD Form 215 (“Correction to DD Form 214”) reflecting your
grade as corporal and showing you were awarded the United
Nations Medal and the Kuwait Liberation Medal.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 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 from HQMC dated 10 December 2008 with
references (b) and (c), 22 January 2009 with enclosures, and 26
February 2009 with enclosure (DD Form 215), copies of which are
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
dated 22 January 2009 in concluding you have not established you
were eligible for the Combat Action Ribbon. Accordingly, your
application for relief beyond that 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,
Ne Reale JO
W. DEAN PFE
Executive Di r
Enclosures
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