DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

  

_____________________________________________________________________________                                                               
 
Application for Correction           
of Coast Guard Record of:                     
                                                                                          BCMR Docket No. 2006-004     
XXXXXXXXXXXXXX 
xxxxxxxxxxxxxx; S1c  (former)  
 
______________________________________________________________________________ 
 

  

FINAL DECISION                                                                                     

 
AUTHOR:  Ulmer, D. 
 
 
This is a proceeding under the provisions of section 1552 of title 10 and section 
425  of  title  14  of  the  United  States  Code.    The  Chair  docketed  the  case  on  October  7, 
2005, upon receipt of the completed application and military records.  
 
 
members who were designated to serve as the Board in this case.  
 

This  final  decision,  dated  July  13,  2006,  is  signed  by  the  three  duly  appointed 

APPLICANT'S REQUEST AND ALLEGATIONS  

 
 
The applicant asked the Board to include "the fact that he was wounded and the 
nature and circumstances surrounding [his] wounds  . . . in [his] military record."  Based 
on  earlier  correspondence  between  the  applicant  and  the  Coast  Guard,  the  Board 
believes that the applicant is requesting to have this information included in his record 
so that he will be eligible for the Purple Heart.  
 

The applicant enlisted in the Coast Guard on July 23, 1943, and was honorably 
discharged on February 18, 1946.  He alleged that he was wounded in combat by enemy 
mortar rounds at the Battle of Iwo Jima while serving in the Coast Guard aboard the 
USS LST 792.   He submitted a notarized letter from a former crewmember who was a 
CPhM  (pharmacist's  mate)  on  board  the  ship.    The  pharmacist's  mate  stated  that  he 
remembered the applicant and offered the following events: 

 
The first incident I recall was the Invasion of Iwo Jima, when on February 
23rd, we were beached on Yellow Beach. [T]hat night we were hit 13 times 
by  Japanese  Mortars  from  the  cave  on  the  hill.    I  remember  so  well 
because it was the beginning of a very busy [e]vening.  We [were] hit on 
the  starboard  side  .  .  .  We  were  also  hit  on  the  main  deck  [where  a 
crewmember] was severely wounded in the chest.  A twenty mm gun was 

also hit right near my battle station  . . . You [the applicant] were one of 
four wounded at that spot.  If I remember you had a face full of shrapnel 
[that]  looked  quit  serious,  but  when  the  blood  was  washed  away  it was 
not serious.  We were fortunately still afloat [and] slowly made our way to 
Saipan for repairs.  We went to  . . . Okinawa  . . . where you had a series 
of  problems.    I  recall  you  tripped  over  the  anchor  chain  on  the  way  to 
General  Quarters  and  had  severe  abrasions  all  over  your  legs.    I  had  to 
place  you  on  the  Binnacle  List  for  a  couple  of  weeks.    I  remember  that 
because I had to explain to the Deck officer . . . why you had to be off duty 
so long.  Seems that I recall that you had a problem with sleepwalking and 
the guys in your compartment were worried because they were afraid that 
you would hurt them or yourself during one of these episodes.   

 
 
The applicant also submitted a September 8, 2005 letter that he received from a 
Coast Guard captain on behalf of the Secretary of the Department.  The letter advised 
the applicant to submit an application to the BCMR because the Coast Guard could not 
approve  his  request  for  a  Purple  Heart.    The  captain  told  the  applicant  that  the 
documentation  that  he  had  submitted  to  CGPC  did  not  substantiate  awarding  the 
Purple  Heart  because  there  was  no  documentation  of  the  injury  in  the  applicant's 
official  medical  record.1    The  captain  told  the  applicant  that  the  BCMR  had  the 
authority  to  enter  documentation  of  his  wound  into  his  military  record.    The  captain 
advised the applicant of the following with respect to the requirements for the Purple 
Heart: 
 

As  the  Nation's  oldest  award,  the  rules  for  the  Purple  Heart  Medal  are 
stringent.  The stipulations for its award were established by the President 
of the United States through Executive Order 11016, dated April 26, 1972, 
and as such, cannot be overturned by the United States Coast Guard.  The 
Medal  is  awarded  in  the  name  of  the  President  of  the  United  States,  to 
those  who  suffer  injury  or  death  as  a  result  of  hostile  military  action.  
Injuries  which  lead  to  the  award  of  the  Purple  Heart  Medal  must  have 
required  treatment  by  a  medical  officer  and  been  documented  in  the 
official medical records.  In addition, the records must clearly show that 
the injury was sustained as a direct result of enemy action.     

 

The applicant stated that although the date of the error was February 18, 1946, he 

did not learn of the procedures for amending his record until 2005.  
 

VIEWS OF THE COAST GUARD 

 
 
On February 21, 2006, the Board received the advisory opinion from the Judge 
Advocate General (JAG) of the Coast Guard recommending that Board deny relief.   The 
                                                 
1   Prior to this letter, the applicant had received two earlier letters on this subject:  One from the Navy 
Personnel  Command  Liaison  Office  and  one  from  a  Commander,  in  the  Office  of  the  Coast  Guard 
Personnel Command.  Each letter told the applicant the same thing:  his records failed to substantiate his 
eligibility for the Purple Heart.   

JAG stated that the application should be denied because it is untimely. The JAG stated 
that applications for correction must be filed within three years of the date the alleged 
error or injustice was, or should have been, discovered.  33 CFR § 52.22.   The JAG said 
that  the  Board  may  still  consider  the  application,  if  the  applicant  provides  sufficient 
evidence to warrant a finding that it is in the interest of justice to excuse the failure to 
file timely.  As the JAG pointed out, in determining whether it is in the interest of justice 
to waive the statute of limitations, the Board should consider the reasons for the delay 
as well as the likelihood of the applicant's success on the merits of his claim.    
 

In this regard the JAG noted that the applicant admitted on his DD Form 149 that 
he discovered the alleged error at the time of his discharge approximately 60 years ago, 
but  was  not  aware  of  the  BCMR  process  until  2005.    The  JAG  noted  that  even  if  the 
applicant was unaware of the BCMR process, he did not begin his quest for the Purple 
Heart until 2004.   
 

The JAG stated that if the Board waives the statute of limitations in the interest of 
justice, the application should still be denied because the applicant has failed to carry 
his burden of production and persuasion.  In this regard, the JAG stated the following:   
 

.  .  .    Applicant  does  not  present  sufficient  evidence  to  overcome  the 
presumption  of  regularity  afforded  those  medical  personnel  who 
maintained  his  medical  record  in  1945.    Although  Applicant  presents 
evidence that he was struck by shrapnel during the battle, he presents no 
evidence  of  medical  personnel  treating  those  wounds.    In  fact,  the 
[pharmacist's  mate]  described  Applicant's  wounds  as  "not  serious"  and 
made  no  mention  of  follow-on  care  or  treatment.    Applicant's  medical 
record contains a February 1945 entry for a fungus infection.  Given this, it 
seems likely that medical personnel assigned to USS LST-792 would have 
documented  Applicant's  shrapnel  wounds--also  sustained  in  February 
1945--if they had been serious enough to require treatment.  Furthermore, 
it  would  be  improper  to  base  an  entry  correcting  Applicant's  medical 
record  solely  upon  a  recount  of  events  obtained  over  57  years  after  the 
fact, especially one that lacks specific treatment details and the full extent 
of injuries sustained.    

 

The  JAG  stated  that  in  Executive  Order  9277,  the  President  authorized  and 
directed the Secretary of the Navy to award the Purple Heart to those sailors, Marines, 
and  Coast  Guardsmen  who:    "  .  .  .  are  wounded  in  action  against  an  enemy  of  the 
United States, or as a result of an act of such enemy, provided such wound necessitates 
treatment by a medical officer."   The JAG further stated the applicant has not presented 
any  evidence  to  overcome  the  presumption  of  the  commanding  officer  (CO)  not  to 
award  the  Purple  Heart  to  the  applicant.    The  JAG  noted  that  the  CO  recommended 
awarding the medal to two of the five men wounded that day.  "Sixty-one years later, it 
is difficult for any one to second-guess the commanding officer, who presumably knew 
the facts and circumstances surrounding the injuries to his men." 
 

The JAG stated that in an effort to resolve this matter, the Coast Guard contacted 
 
the individual who served as the deck officer and the applicant's department head in 
1945.  The former deck officer was unable to recall the names of his wounded shipmates 
and the details of their injuries and any subsequent medical care.   The JAG stated that 
based on the totality of the evidence, the Board should deny relief to the applicant for 
failing to prove by a preponderance of the evidence that his medical record is erroneous 
and that his shrapnel wounds necessitated treatment by a medical officer.    
 

APPLICANT'S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On  March  7,  2006,  the  Board  received  the  applicant's  reply  to  the  views  of  the 
Coast  Guard.    He  commented  on  the  two  issues  he  states  that  were  raised  in  the 
advisory  opinion.  They  are:    "1.    I  waited  longer  than  3  years  to  have  my  military 
records corrected.  2.  My wounds were not serious enough." 
 
With  respect  to  waiting  longer  than  three  years  to  file  an  application,  the 
 
applicant stated that in the years following World War II he was trying desperately to 
get his life back on track, but it was difficult because he could not get any help for his 
medical problems that were incurred during the war.  He stated that between 1946 and 
1949  there  was  no  place  for  him  to  turn  for  help  because  the  war  was  over  and  the 
military was cutting back on everything.   
 
In  regard  to  the  seriousness  of  his  wounds,  the  applicant  stated  that Executive 
 
Order 9277 did not require wounds to be of a certain severity to qualify for the Purple 
Heart.   
 
 
wrote the following: 
 

The  applicant  attached  a  cover  letter  to  his  reply  to  the  advisory  opinion.    He 

After  writing  my  response  [to  the  advisory  opinion],  my  thoughts 
returned to 1945 and what it was like for us during the battle . . .  Our ship 
was under Kamikaze attack for some 4 days during which time we were 
at battle stations and manning our guns on a 24-hour basis.  During many 
of these days, our LST was resting on the beach with its bow-doors open.  
The  dead  and  wounded  were  everywhere,  and  we  were  continuously 
being shelled and mortared. 
 
It  was  terrifying  and  chaotic.    There  was  only  one  thing  on  everyone's 
mind:  to stay alive long enough to get the job done so we could go home.  
Then, what no one was concerned about were medical records.  In fact, I 
didn't even know there was such a thing as a medical record.   Not during 
the war and not until many years after the war when I needed help for my 
service  connected  health  problems,  did  I  become  aware  of  medical 
records.   
 
It is important to point out that neither I nor any one else on my ship was 
ever advised to make sure that their medical records were current and, if 
not,  to  get  them  corrected  within  three  years.    Therefore,  I  respectfully 
submit  that it makes no sense to hold service personnel to requirements 
they weren't told about or for that matter, perhaps, didn't even exist. 

 
   

APPLICABLE REGULATIONS 

 

Executive Order 9277 of December 3, 1942 stated in pertinent part: 
 

1.    The  Secretary  of  the  Navy  is  authorized  and  directed  to  award  the 
Purple Heart in the name of the President of the United States to persons 
who, while heretofore or hereafter serving in any capacity with the Navy, 
Marine Corps or Coast Guard of the United States, are wounded in action 
against  an  enemy  of  the  United  States,  or  as  a  result  of  an  act  of  such 
enemy, provided such wound necessitates treatment by a medical officer.2  
[There  have  been  subsequent  executive  orders  authorizing  the  Purple 
Heart, but the eligibility requirements have remained the same.] 

 
The  Coast  Guard  Medals  and  Awards  Manual  states  the  following  at  Article 
2.B.11.c.&d.: 
 
"c.    Definition.    A  "wound"  is  defined  as  an  injury  to  any  part  of  the  body  from  an 
outside force or agent, sustained while in action  . . . A physical lesion is not required, 
provided  the  concussion  or  other  form  of  injury  received  was  a  direct  result  of  the 
action engaged in, and required treatment by a medical officer.  
 
"d.  Limitations.  Except in the case of a prisoner of war, the wound for which the award 
is made must have required treatment by a medical officer . . . "     
 

The  Board  makes  the  following  findings  and  conclusions  on  the  basis  of  the 

FINDINGS AND CONCLUSIONS 

 
 
applicant's submissions and military record,  and applicable law: 
 
 
10, United States Code.    
 

1.  The BCMR has jurisdiction over this matter pursuant to section 1552 of title 

2.  The application was not timely.  It was filed approximately 60 years after the 

applicant's discharge from the Coast Guard. 
 
 
3. However, the Board may still consider the application on the merits, if it finds 
it is in the interest of justice to do so.  In Allen v. Card, 799 F. Supp. 158, 164 (D.D.C. 
1992), the court stated that in assessing whether the interest of justice supports a waiver 
of the statute of limitations, the Board "should analyze both the reasons for the delay 
and  the  potential  merits  of  the  claim  based  on  a  cursory  review."    The  court  further 
instructed  that  "the  longer  the  delay  has  been and the weaker the reasons are for the 
delay, the more compelling the merits would need to be to justify a full review."  Id. at 
164, 165.   See also Dickson v. Secretary of Defense, 68 F.3d 1396 (D.C. Cir. 1995).  
  
 
4.  The applicant explained that he did not file his application sooner because he 
did not know there was such a thing as a medical record until seeking medical help for 

                                                 
2  See http://www.presidency.ucsh.edu/ws/index.php"pid=60972&st=&st1=   

his alleged combat-related wounds many years after the war had ended.  He stated that 
he only learned of the procedure for amending his records in 2005.  However, the Board 
is not persuaded by the applicant's reason for delay.  In this regard, the Board finds that 
a bit of diligence on the applicant's part would have revealed the existence of the Board 
for Correction of Military Records, which has been in existence since 1946.   
 
 
5.  Although the applicant's reasons for not filing his application sooner are not 
persuasive, the Board must still perform a cursory review of the merits to determine the 
strength of the applicant's claim that the evidence of his alleged wound and treatment 
during the battle of Iwo Jima should be included in his military record.  After a review 
of the evidence, the Board finds that it is unlikely that the applicant will prevail on the 
merits of his claim.  The applicant has submitted insufficient evidence to establish that 
he suffered a wound during the battle of Iwo Jima for which he received treatment from 
a medical officer. The Board is persuaded in this finding by the fact that the applicant's 
military record contains no entries of any wounds incurred by the applicant during the 
battle of Iwo Jima, while clearly showing that he participated in it.  In this regard, the 
Board notes that the applicant's military record has a Transcript of Medical History that 
records  nine  instances  in  which  the  applicant  received  medical  treatment  from 
December 1944 to September 13, 1945, while attached to the USS LST 792.  The battle of 
Iwo Jima occurred in February and March 19453 and the Transcript of Medical History 
shows  that  the  applicant  was  treated  only  once  during  this  two-month  period  for  a 
fungus.  The absence of entries in the medical record for treatment of wounds incurred 
during  Iwo  Jima  is  strong  evidence  that  the  applicant  did  not  sustain  a  wound  that 
required treatment.  The Board finds that if the applicant had been treated for shrapnel 
to the face or any other wound during this period, it is very likely such treatment would 
have been recorded in the applicant's military record. 
 
 
6.  The letter from the pharmacist's mate does not persuade the Board that the 
applicant suffered wounds for which he received medical treatment during the period 
in question.  The letter states that the applicant received shrapnel to the face, but it also 
states that when the blood was washed off it was not serious.  It does not describe the 
wound;  nor  it  does  not  state  that  the  applicant  received  medical  treatment  for  the 
wound.  The  pharmacist's  mate  also  mentioned  that  the  applicant  incurred  severe 
abrasions  to  his  legs  from  a  fall  during  general  quarters.  Neither  this  event  nor 
treatment for it is documented in the military record during the period of the Iwo Jima 
battle. The transcript of medical history shows that in December 1944, prior to Iwo Jima, 
the applicant was treated for a wound to the right leg.  However, there is no indication 
in  the  record  that  this  December  1944  wound  was  combat-related.  Even  if  the 
pharmacist's  mate's  statement  were  more  detailed,  the  Board  would  be  hesitant  to 
correct  the  applicant's  record  on  the  basis  of  that  one  statement.    The  applicant  was 
discharged from the Coast Guard approximately sixty years ago and memories tend to 
fade over time. Significantly, the commanding officer did not recommend the applicant 
for a Purple Heart at the time and that speaks volumes.   
 

                                                 
3 See http://www.answers.com/topic/battle-of-iwo-jima 

7.  Until the applicant can establish by a preponderance of the evidence that the 
 
Coast Guard committed an error by failing to include evidence that he was wounded in 
the battle at Iwo Jima and was treated by a medical officer for that wound, the Board 
will  not  place  such  information  in his military record.  According to Executive Order 
9277 and Article 2.B.11.d of the Medals and Awards Manual, the wound for which the 
Purple Heart is given “must have required treatment by a medical officer.”  
 
8.    Therefore,  due  to  the  passage  of  time,  the  applicant’s  less  than  compelling 
 
reasons  for  the  60-year delay, and the lack of sufficient evidence establishing that the 
Coast  Guard  failed  to  include  evidence  of  his  alleged  combat-related  wounds  and 
treatment in his military record, the Board finds that it is not in the interest of justice to 
waive the statute of limitations in this case. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

9.  Accordingly, this request should be denied. 

[ORDER AND SIGNATURES ON NEXT PAGE] 

 

ORDER 

 

The application of former S1c XXXXXXXXXXXXXXXXXX USCGR, for correction 

 
 

 
 

 
 

 
 

 
 

 

 
 Philip B. Busch 

 

 

 
 Dorothy J. Ulmer 

 

 

 
 Richard Walter 

 

 

 

 

 

 

 

 

 

 

 
 

 
 

 
 

 
 

 
 

 
of his military record is denied.