DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2008-204 
 
xxxxxxxxxxxxxxxxxx 
xxxxxxxxxxxxxxxxxx   

FINAL DECISION 

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 after receiving the applicant’s 
completed application on September 17, 2008, and assigned it to staff  member J. Andrews to 
prepare the decision for the Board as required by 33 C.F.R. § 52.61(c). 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  October  22,  2009,  is  approved  and  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

The  applicant1  asked  the  Board  to  correct  his  military  record  to  show  that  he  was 
awarded  a  Purple  Heart  for  an  injury  he  received  when  his  ship,  the  USS  CAVALIER,  was 
torpedoed by a Japanese submarine on January 30, 1945.  The applicant stated that despite his 
injury, he remained above deck for the duration of the incident.  However, afterward, he “was 
unable to sign the wounded blotter.”  The applicant explained that he “did not go below deck to 
put his name on the roster due to the threat of possible further danger.”  The applicant included 
with his application a letter about the incident that he wrote to a congressional representative in 
1985, in which he stated the following: 

 

 
 

 

 

 
On the 30th of January 1945 at 1:30 a.m. in the morning, my ship attack transport, USS CAVA-
LIER A.P.A. #37, was struck by an enemy Japanese submarine.  I had finished the 8 p.m. to 12 
p.m. watch in the engine room and was in my bunk when the ship was struck. 
 
The torpedo struck just ahead of the ship’s propellers flooding the shaft tunnel stopping the ship’s 
engine turbines and other power equipment.  I was thrown out of my bunk to the steel deck.  Since 
all the lights were out we had to grope thru the darkness to get to our battle general quarters sta-
tions in the engine room and elsewhere.  After general quarters  were secured, many of us  were 
very leery of going below because we did not know if there would be another attack. 
 

                                                 
1 The applicant died on May 7, 2009, while his application for correction was pending.  His daughter continued the 
case as his representative. 

During this time, my broken nose had stopped bleeding and the pain had subsided somewhat that I 
decided as many of the others to not go below.  I did not go to sick bay below not knowing what 
may happen next. 
 
As you can imagine, during the highly stressful moments of that night, not only was I concerned 
for my own safety but also any attempts we could employ to fight back against the Japanese. 
 
After 40 years I wish to come forward with my request in hopes that I may receive this honor as 
proof of valiant and loyal service to my country. 
 
The applicant submitted photocopied pages from a history book stating that about an hour 
and a half after midnight on January 31, 1945, when the USS CAVALIER was “forming up” in a 
convoy to return to Leyte from the Zambales Province landings in Luzon, an underwater explo-
sion jammed the propellers and the ship had to be “towed to safety by minecraft Rail.”  The book 
states  that  the  explosion  was  believed  to  have  been  caused  by  a  torpedo  and  that  a  Japanese 
submarine was spotted from an airplane later that afternoon about 60 miles to the northeast. 

 
The  applicant  stated  that  he  discovered  the  error  in  his  record  on  July  28,  1981,  but 
argued that the  Board should excuse the untimeliness of his application because “[b]ravery in 
military service should be recognized regardless of the time frame.”  The applicant noted that a 
crewmate  on  the  USS  CAVALIER  had  recently  been  awarded  a  Purple  Heart  for  an  injury 
incurred the night the torpedo hit the ship.2 

 

SUMMARY OF THE RECORDS 

On  April  3,  1942,  the  applicant  enlisted  in  the  Coast  Guard  Reserve.    He  attended 

 
 
machinist mate school and was initially assigned to duty in the New York Harbor Area.   
 

From January 1944 to September 1945, the applicant served aboard the USS CAVALIER.  
On May 28, 1944, the ship’s doctor diagnosed the applicant with a deviated nasal septum.  The 
medical notes state the following: 

 
DIAGNOSIS:  Deviation, Nasal Septum. 
 
NOT MISCONDUCT:  Incident of service. 
 
HISTORY:  This man injured in nose 1 wk. ago since when he has had persistent nasal obstruc-
tion.  One year ago because of septal deformity and obstruction of airway he was due to have sub-
mucus resection, but has always been on active duty since. 
 
EXAMINATION:  This date after 1 week’s treatment with mucosis membrane shaping medication 
show bilateral obstruction to air way. 
Recommend outpatient duty consultation for possible repair. 
 

                                                 
2  Final  Decision,  BCMR  Docket  No.  2007-032,  in  which  the  Board  ordered  the  Coast  Guard  to  review  the 
applicant’s record to determine whether he was entitled to a Purple Heart Medal because although the applicant did 
not request the medal, a note in his medical records stated that “on January 30, 1945, he received an abrasion to the 
right wrist and forearm and a contusion to the right chest as a result of enemy action, for which he was treated in 
sick bay by a medical officer.”   

An undated medical note on the same page made at a Naval Hospital in San Francisco 

states the following: 

 
SPECIAL EXAMINATION AND TREATMENT REPORT: 
Nasal obstruction for past year.  no discharge or post-nasal drip.  Occas[ional] frontal headache.  
Frequent headcolds, allergy negative.  Ears – hearing fair.   Had otalgia 10 years ago.  Throat – 
often sore.  Tonsils out 12 years ago.   
 
EXAMINATION:  Ear canals and drums ok.  Nose – mucosa pin.  Septum thickened anteriorly 
and deflected to left, producing considerable obstruction.  Post nasal negative.  High narrow pal-
ate.  Tonsils out ok. 
 
DIAGNOSIS:  Deviation nasal septum.  Recommend surgical correction. 

 
HIST:  Pt. states he has had difficulty in breathing since May ’44, but had some nasal obstruction 
prior to that time.  Both nostrils seem to discharge a clear secretion.  Throat feels dry – the morn-
ings.  No headaches.  Ears stop up at times and if nostrils are held and patient blows nose his ears 
open up. 
 
P. EXAM:  Essentially negative except:  Nose:  Externally the lobule of the nose tilts forward and 
downward.  Nasal septum is deviated to the left and rt. anteriorly due to a split cartilage.  There is 
obstruction posteriorly on the right.  Wings of upper lateral nasal cartilages protrude downward to 
the vestibule and are prominent. …  
 

 

A list in the applicant’s record signed by the commanding officer of the USS CAVALIER 
shows that from June 1944 through January 1945, he participated in the initial invasion of the 
Island of Saipan; the initial invasion of the Island of Tinian in the Marianas; the initial invasion 
and liberation of the Island of Leyte in the Philippines; the initial assault on Luzon in Lingayen 
Gulf in the Philippines; and the assault on Luzon at San Antonio in the Zambales Province.  The 
list also shows that as a result of his service aboard the USS CAVALIER, the applicant became 
entitled to wear the American Area Campaign Ribbon, the Asiatic-Pacific Area Campaign Rib-
bon with three bronze stars, and the Philippine Liberation Campaign Ribbon with two bronze 
stars.  The notation for the last ribbon notes that the ship had been under attack on three occa-
sions in the Philippines, including a torpedo hit on January 30, 1945. 

 
After the USS CAVALIER was damaged by the torpedo, it underwent repairs in Leyte 
and then drove to Pearl  Harbor  for further repairs.  On September 6, 1945, the applicant was 
transferred from the USS CAVALIER while it was still docked at Pearl Harbor.  His record con-
tains a memorandum addressed to him dated September 6, 1945, and signed by the Executive 
Officer, stating that he was entitled to wear the American Area Campaign Ribbon, the Asiatic-
Pacific Area Campaign Ribbon with three bronze stars, and the Philippine Liberation Campaign 
Ribbon with two bronze stars.  The applicant was transferred to Cleveland, Ohio, his hometown, 
for treatment of his deviated septum prior to discharge. 

 
On November 26, 1945, the applicant underwent surgery at the U.S. Marine Hospital in 
Cleveland  for  a  “deflection  of  nasal  septum  due  to  trauma,”  which  made  it  hard  for  him  to 
breathe through his nose.  The condition was noted to be an “incident of service” and “not due to 
own misconduct.”  The medical record also states the following: 

TREAT & CARE:  Admitted on 11-21-45.  Temp. normal.  Routine care given.  Sedatives given.  
Ice collar to nose.  Sulfa routine.  C.M.A. nose gtts tid.  12-4-45 Discharged.  Fit for duty.  Submu-
cous Resection done on 11-26-45. 
 
Upon his release from the hospital on December 4, 1945, the applicant was given 30 days 
of leave.  On January 16, 1946, he underwent a physical examination pursuant to his pending 
discharge  and  signed  a  statement  agreeing  with  a  physician’s  finding  that  he  had  no  physical 
defects or disabilities. 

 
On January 17, 1946, the applicant was honorably discharged from the Reserve, having 
served three years, nine months, and fifteen days on active duty.  In addition to the awards noted 
above, his discharge papers show that he is entitled to wear the World War II Victory Medal.  No 
mention of a Purple Heart appears in his record. 

 
On June 3, 1946, the applicant submitted a disability pension claim for the following dis-
eases and injuries:  “Nose injury 6/44; Diarrhea 6/44; Severe Headaches 6/44; Operation 11/45.” 

 
On September 26, 1946, the Veterans Administration notified the applicant that he had 
been awarded compensation of $13.80 per month “on account of disability resulting from the fol-
lowing conditions held to have been incurred or aggravated during your wartime service:  Nose 
disability.  Your claim has been rated under the 1945 schedule for rating disabilities.” 

 
On December 6, 1950, the Veterans Administration notified the applicant that his claim 
for disability benefits had been carefully reviewed and that based upon a physical examination 
on November 29, 1950, his 10% disability rating for a service-connected nose disability would 
be continued. 
  

Manual, COMDTINST 1650.25D. 
 

APPLICABLE LAW 

 
In 1945, the Coast Guard operated as a part of the Navy.  Section 230.9 of SECNAVINST 
 
1650.1H states that the Purple Heart is awarded to members of the Armed Forces who have been 
wounded in action against an enemy of the United States.  Paragraph d of this section states that 
“the wound for which the award is made must have required treatment by a medical officer at the 
time of injury,” unless the wound was received while the member was a prisoner of war.   
 

Section  831.1  of  SECNAVINST  1650.1H  states  that  for  World  Wars  I  and  II  and  the 
Korean War, the Purple Heart is only awarded to members “wounded as a direct result of enemy 
action.”  (For later conflicts, the wound may be an indirect result of enemy action.)  Paragraph d 
of this section states that if adequate document of the cause of the injury is not available “due to 
the complete or partial loss of an individual’s records, two sworn affidavits from eyewitnesses to 
the injury who were present at the time of the injury and have personal knowledge of the circum-
stances under which the injury occurred, may be submitted for consideration. (Statements from 
witnesses ‘after the fact’ will not be considered.)” 

 
Similar criteria for the Purple Heart Medal appear in the Coast Guard Medals and Awards 

On January 12, 2009, the Judge Advocate General (JAG) of the Coast Guard submitted 

 
 
an advisory opinion in which he recommended that the Board deny the applicant’s request. 
 
 
The  JAG  stated  that  the  application  was  not  timely  because  he  “knew  or  should  have 
known” that he had not received the Purple Heart at least by 1985 when he first inquired about 
the  medal  through  his  congressional  representative.    The  JAG  also  adopted  the  findings  in  a 
memorandum on the case prepared by the Coast Guard Personnel Command (CGPC). 
 
 
CGPC stated that the applicant’s records do not show that he has met the criteria for a 
Purple Heart in Chapter 2.A.11. of the current Medals and Awards Manual, which require that 
the member incur a wound that is a direct result of any enemy action and that “required treatment 
by a medical authority (except in the case of a prisoner of war).”  CGPC stated that although the 
USS CAVALIER was attacked on January 30, 1945, while the applicant was aboard, there is no 
evidence supporting his claim that he was injured during that attack or received medical treat-
ment in the aftermath of the attack.  Instead, his medical records show that he sought treatment 
for  a  nose  injury  in  May  1944  and  that  his  deviated  septum  was  treated  in  November  1945.  
CGPC stated that there is nothing in the record to indicate that the applicant’s nose injury was a 
result of enemy action.  Therefore, CGPC recommended denying relief. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
On January 26, 2009, the Chair sent a copy of the Coast Guard’s views to the applicant.  

and invited him to respond within 30 days. 

 
On February 23, 2009, the applicant responded stating that the delay of his application is 
irrelevant as it has no bearing on what happened in 1945.  He noted that many veterans, includ-
ing one of his crewmates, have received their Purple Hearts decades after their military service.  
He stated that his daughter has helped him with his application and has used the Internet, which 
did not exist years ago.  The applicant requested an extension of the time to respond to the advi-
sory opinion in order to obtain more records from the Department of Veterans’ Affairs. 

 
The Chair granted the applicant, who died on May 7, 2009, and his daughter extensions 
of the time to respond to the advisory opinion through August 13, 2009, but received no further 
submissions of evidence.  On September 17, 2009, the Chair sent the applicant’s daughter noti-
fication that unless the Board received another request for an extension by September 30, 2009, 
the  case  would  be  deliberated  and  decided  by  the  Board  in  October  2009.    The  Board  has 
received no further response. 
 

VIEWS OF THE COAST GUARD 

FINDINGS AND CONCLUSIONS 

The Board makes the following findings and conclusions on the basis of the applicant’s 

 
 
military record and submissions, the Coast Guard’s submissions, and applicable law: 
 

The Board has jurisdiction concerning this matter pursuant to 10 U.S.C. § 1552.   

1. 

2. 

Under 10 U.S.C. § 1552(b) and 33 C.F.R. § 52.22, an application to the Board 
must be filed within three years after the applicant discovers, or reasonably should have discov-
ered, the alleged error or injustice.  The record shows that on September 6, 1945, the day he left 
the ship, the applicant was notified in a memorandum from the Executive Officer of the USS 
CAVALIER of the awards he had received while aboard the ship.  The memorandum does not 
mention  a  Purple  Heart.    The  applicant’s  discharge  papers  also  list  his  medals  but  no  Purple 
Heart.  Moreover, the record indicates that the applicant inquired about receiving a Purple Heart 
through his congressman in 1985.  Therefore, the Board finds that the applicant clearly knew he 
had not received a Purple Heart several decades ago, and so his application is untimely. 
 

Pursuant to 10 U.S.C. § 1552(b), the  Board may  excuse the untimeliness of an 
application if 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 to determine 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 164-65; see also Dickson v. Secretary of 
Defense, 68 F.3d 1396 (D.C. Cir. 1995).   

3. 

 

 

 
4. 

 
5. 

 
6. 

 

Regarding  the  delay  of  his  application,  the  applicant  argued  that  his  bravery  in 
military service should be recognized regardless of how long he delayed applying for the Purple 
Heart.  The Board agrees that bravery in military service should be recognized but also notes that 
if the applicant had timely sought the medal, the Coast Guard could have questioned his crew-
mates  and  the  medical  officers  aboard  the  ship  about  his  alleged  injury  on  January  30,  1945.  
Because of the applicant’s delay, only his military and medical records are available to review 
for evidence supporting his allegations. 

The  Board’s  review  of  the  applicant’s  military  and  medical  records  shows  that 
there are no records supporting his claim that his nose was injured as a result of enemy action on 
January 30, 1945.  Purple Heart Medals are awarded to members wounded as a result of enemy 
action, and the applicant’s medical records clearly show that his nose was injured in May 1944, a 
few  weeks  before  the  USS  CAVALIER  first  engaged  in  action  against  the  enemy  during the 
invasion  of  Saipan  in  June  1944.    In  addition,  there  is  no  evidence  that  the  applicant  sought 
medical treatment for any injury in the aftermath of the torpedo attack on January 30, 1945, and 
only injuries requiring medical treatment qualify a member for a Purple Heart unless the member 
was a prisoner of war at the time.  SECNAVINST 1650.1H, § 230.9; COMDTINST 1650.25D, 
Chap. 2.A.11.  The applicant’s military and medical records are presumptively correct.  33 C.F.R. 
§  52.24(b).    Based  on  the  record  before  it,  the  Board  finds  that  the  applicant’s  claim  cannot 
prevail on the merits. 

Accordingly, the Board will not waive the statute of limitations.  The applicant’s 

request should be denied. 

The application of former MM2c xxxxxxxxxxxxxxxxxxxx, USCGR, for correction of his 

ORDER 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 
 
 Lillian Cheng 

 

 
 Francis H. Esposito 

 

 

 

 

 
   
 Janice Williams-Jones 

 

 

 

 

 

 

 

 

 

 

military record is denied.