DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 203704100
TRG
Docket No:
14 April 1999
2476-98
Dear
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.
panel. of the Board for Correction of Naval
A three-member
Records, sitting in executive-session, considered your
application on 13 April 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
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.
The Board found that you served in Vietnam as a member of Mobile
Construction Battalion Three., You claim that your unit came
under mortar fire from the enemy and that you received shrapnel
wounds.
were wounded in action.
Veterans Affairs (DVA) indicates that there is nothing concerning
treatment for wounds in your medical record.
decision you submitted states as follows concerning your claim of
being wounded in action:
There is nothing in your service record to show that you
A rating decision from the Department of
The DVA rating
The veteran was part of the Mobile Construction
Battalion Three, which arrived in Vietnam in April of
He worked at a rock crusher sight (sic) located
1967.
in the bush somewhat near Phu Bai.
tour at the rock crusher site, eventually leaving
Vietnam in February, 1968.
rock crusher site was mortared heavily by the
Vietnamese.
wounded in this attack.
wounds in the thigh and back,
as there were many more seriously wounded individuals
The veteran helped clean up the wounded
in the camp.
The veteran received shrapnel
but did not report them
Six Americans were killed and nine were
He spent his entire
On December 6, 1967, the
.
and the dead bodies that resulted from the attack. . . . .
. Naval Mobile Construction Battalion Monthly Reports
.
verify that there was a Vietnamese attack at the rock
Although there are
crusher site on December 6, 1967.
no treatment records confirming the veterans' shrapnel
wounds, it is presumed that they were incurred during
this incident in service.
The DVA has granted you a 50% rating for Post Traumatic
Disorder and a rating of 0% for shrapnel wound scars on your back
and leg.
Stress
Concerning the Purple Heart the regulations in effect at the time
stated, in part, as follows:
.
. Limitations.
.
war, the wound for which the award is made must have
required treatment by a medical officer. . . .
- Except in the case of a prisoner of
the Board noted that there is no
In reaching its decision,
documentation in the record to show that you were wounded as a
result of enemy action or that you were treated by
The Board further noted that the battalion
medical personnel.
operation report apparently did not state that you were wounded
in action.
years to submit a request for the Purple Heart.
This delay means that other records which could have
substantiated your claim are no longer available.
concluded that the available evidence does not support the award
of the Purple Heart.
denied.
furnished upon request.
The names and votes of the members of the panel will be
Finally, the Board noted that you waited over 30
Accordingly, your application has been
The Board
Since there is no indication in your records that you were
injured under conditions which would qualify you for the Purple
Heart, regulations require that you obtain eyewitness statements.
The eyewitness statements can be from the medical personnel who
treated you or two other personnel who were present at the time
you were injured.
medical attention received,
a direct result of enemy action.
Statements should contain the time, place,
and verification that the injury was
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,
W. DEAN PFEIFFER
Executive Director
3
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