DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 3364-98
6 May 1999
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 May 1999.
Your allegations of error and
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.
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.
It appears from the Navy and Marine Corps Awards Manual that the
Purple Heart was not authorized for the Navy until 3 December
1942.
Apparently up to that time it was only an Army award.
regulations which came into effect at that time state in
pertinent part as follows:
The
.
. 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.
.
. for the purposes of awarding the Purple Heart, a
.
wound is defined as an injury to any part of the body
from an outside force, element,
result of a hostile act of the enemy or while in action
in the face of the enemy. . . . .
or agent sustained as a
In reaching its decision the Board noted that the Purple Heart
was not authorized for issuance to the Navy until 3 December 1942
and there is no evidence that you applied for the Purple Heart at
This lengthy
that time or any other time until the late 1980's.
delay certainly reduced the possibility that necessary records
Based on your uncorroborated
would be available for review.
statement that you were injured on 8 December 1941 the day after
the attack on Pearl Harbor and in view of the absence of any
evidence that you were wounded and were treated by a medical
officer, the Board concluded that the evidence of record does not
support the award of the Purple Heart under the provisions of the
3 December 1942 regulations.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
2
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