DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket No. 03662-11
20 June 2011
This ig in reference to your application for correction of
your naval record pursuant to the provisions of 10 usc
1552. .
A three-member panei of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 June 2011. 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.
The Board noted that you have applied for a correction to
your record for an error that allegedly occurred more than
forty years ago. Under the rules governing this Board, an
application for a correction of a naval record must be made
within three years after the discovery of the alleged
error. Failure to file within the prescribed three years
may be excused only in cases where the Board finds that it
is in the interests of justice to do so.
After careful and conscientious consideration of the entire
record, the Board determined that there is insufficient
evidence of an error oF injustice that would warrant any
relief. The Board found that it is not in the interests of
justice to excuse the three year time limit in your
particular case. You neglected to assert your claim for an
inordinately long period of time without justification.
You have provided no evidence as to why you did not seek to
have the alleged error corrected earlier.
Docket: 03662-11
Additionally, review of your naval record reveals that at
the time of your discharge, you signed your DD 214 of 22
May 1969 indicating your grade was E-1. Your records show
that on or about 25 March 1969, you were punished of two
counts of violating UCMJ Article 86 at a Special Court
Martial. Your sentence included a reduction in grade from
an E-3 to and E-1. There is no evidence to suggest that
you should have been reinstated to E-3 prior to your
discharge. .
Based on the circumstances described above, your
application for reinstatement to E-3 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.
In reply to your request for a copy of your discharge,
enclosed is a copy made from your naval record.
Regarding your request for replacements of medals earned,
please be advised of the following:
The United States Navy provides an administrative means of
reviewing requests for replacement medals. You must submit
a request in writing directly to the Navy Personnel Command
for review at the following address: Navy Personnel
Command, Liaison Office Room 5409, 9700 Page Avenue, St.
Louis, MO 63132-5100. The following information must be
provided to the Navy Personnel Command: Standard Form 180
or cover letter with the following information: full name,
social security number, service number (if applicable),
period of eligibility, unit assigned at the time, return
mailing address, and a copy of your DD Form 214. If you
have access to a scanner, you may also scan in the above
documents and send via email to: NavyAwards@navy.mil.
Docket: 03662-11
Please ensure "Veterans" is in the subject line of your
request.
Please note, it is your responsibility to submit the
evidence that supports your request for a replacement
medal. Therefore, you should include all the evidence you
have that supports your claim that you are entitled to the
replacement awards that you are claiming. More information
can be found at the NATIONAL PERSONNEL RECORDS CENTER at:
http://www. archives.gov/st-louis/military-
personnel /public/awards-and-decorations.html. Note: The
Records Center has many cases to consider. Because of the
large number of requests, processing of medal requests can
take many months.
Sincerely,
Lak |
W. DEAN PF
Executive or
Enclosure 1: DD Form 214
Enclosure 2: Court Memorandum
Enclosure 3: Standard Form 180
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