DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 7733-00
28 February 2001
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 28 February 2001. 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. In addition, the Board considered the advisory
opinion furnished by the Awards Branch, Headquarters Marine
Corps, dated 9 January 2001, a copy of which is attached.
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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion.
Accordingly, your application has been deni,ed. 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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
' DEPARTMENT OF THE NAVY
HEADQUARTERS U N I T E D STATES MARINE CORPS
3280 R U S S E L L ROAD
QUANTICO, VIRGINIA 2 2 1 34-5 1 0 3
IN REPLY R w m TO:
1650
MMMA - 3
JAW
9 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Subj: REQUEST FOR ADVISORY OPINION(S) IN THE CASE OF
, FORMER MARI'NE
1. During the period he served in the Marine Corps, the Purple
Heart was authorized for award to those who were wounded or
injured as a direct result of action by an enemy of the United
States or an opposing armed force of a foreign country in which
the Armed Forces of the United States was engaged.
2. A review of his service and medical records, and the records
at this Headquarters fails to reveal any documentation to
substantiate his entitlement to the Purple Heart award. The
records reveal that he was evacuated from Guam with a diagnosis
of Psychoneurosis, Anxiety Neurosis. The decoration is not
awarded for cases of trench foot, pneumonia, malaria, or post
traumatic stress disorder also known as Psychoneurosis. This is
not to deny that he suffers from a service-connected disability;
however, regulations do not allow the Purple Heart Medal to be
awarded to victims of post traumatic stress disorder. The
records also state that he received no wounds during his service
overseas.
3. Since there is no indication in his records that he was
injured under conditions, which would qualify him for the Purple
Heart award, regulations require that he obtain eyewitness
statements. The eyewitness statements can be from the medical
personnel who treated him or two other personnel who were ' '
present at the time he was injured. Statements should contain
the time, place, medical attention received, and verification
that the injury was a direct result of enemy action. If he can
provide the above information, further consideration will be
given to his request.
4. I realize that it will be difficult to obtain eyewitness
statements due to the length of time that has elapsed. This
Headquarters is keenly aware of the fact that there are
undoubtedly many cases of Marines who sustained injuries which
might qualify them for the Purple Heart. In those cases, which
cannot be so verified, the eyewitness statements are required.
5. It should also be noted that a service-connected disability
does not have to be the result of enemy action. Any injury
sustained while on active duty, combat or otherwise, which
results in some valid adjudicated disability, warrants
appropriate medical care and, in some cases, compensation.
6. This Headquarters does not maintain a listing of former
Marines and their addresses. However, he may obtain a listing
of the officers and enlisted Marines who were assigned to his
former unit by requesting copies of the unit rosters for the
period in question from the following address:
Director
History and Museum Division
901 M Street, SE.
Washington Navy Yard, Building 58
Washington, DC 20374-0580
7. Should he be able to obtain the names of former Marines that
were eyewitness to his injury, he may request assistance in
locating them from the below listed organization:
Mail Call Editor
Leatherneck Magazine
P.O. Box 1977
Quantico, VA 22134
Telephone: 1-800-336-0291
E-Mail: leatherneckamca-marines.org
.
-
8.
service in the U.S. Marine Corps:
is entitled to the following awards for his
Combat Action Ribbon for service in World War I1
Navy Unit Commendation with one bronze star awarded to:
22nd Marine Regiment for service during the period
February 17 to 22, 1944
lst Provisional Marine Brigade for service during the
period July 21 to August 10, 1944
Asiatic-Pacific Campaign Medal with two bronze stars
World War 11, Victory Medal
Rifle Marksman Badge
9 . A point of contact at MMMA is Mr.-@
L
784-9210.
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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. VlRGlNlA 22134-510 3 IN REPLY REFER TO: ’ 165 0 MMMA-3 17SepOl MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) Subj: FOR ADVISORY OPINION(S) IN THE CASE OF FORMER MARINE Encl: (1) Copy of MMMA memo of 17 Sep 01 1. During the period he served in the Marine Corps, the Purple 2.
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Our most recent reply is the Purple Heart Medal is not awarded for Combat Without the required two eyewitness statements to forwarded as enclosure (2). if he can provide the required two As previously stated, records fail to Without these : _. . ’ served in the Marine Corps, the During the perio Purple Heart was authorized for award to those who were wounded .as a direct result of action by an enemy of the United or injured States or an opposing armed force of a foreign county in which the.Armed.
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Copies of these replies are forwarded as Enclosure (3) is a copy of a letter forwarded 1993 regarding his entitlement to (1) and (2) _ During the period he served in the Marine Corps, the Purple Heart 2. was authorized for award to those who were wounded or injured as a direct result of action by an enemy of the United States or an opposing armed force of a foreign country in which the Armed Forces of the United States was engaged. and enlisted Marines who were assigned to his former unit...
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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. opinion furnished by Headquarters Marine Corps dated 2 July 2002, a copy of which is attached. 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.
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Sincerely, W. DEAN PFEIFFER Executive Director 2 DEPARTMENT OF THE NAV HEADQUARTERS UNITED STATES MARINE CORPS ROA D 3280 RUSSELL QUANTICO, VIRGINIA 22134-51 0 Y 3 IN REPLY REFER TO: 1650 MMMA-3 30ctOl MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) Subj: ADVISORY OPINION(S) IN THE CASE OF FORMER MARINE During the period he served in the Marine Corps, the Purple 1. a review of his service and medical records, Since there is no indication in the records of...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 August 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. opinion furnished by Headquarters Marine Corps dated 9 July 2001, a copy of which is attached. of the officers and enlisted Marines who were assigned to his former unit by requesting copies of the unit rosters for...
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YOU are entitled to have the 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 Enclosure 2 DEPARTMENT OF THE NAV Y HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VIRGINIA 221 34-51 03 IN REPLY REFER TO: 1650 MMMA-3 7AugOl MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION...
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opinion furnished by the Awards Branch, Headquarters Marine a copy of which is attached. by an enemy of the United A review of his service and medical records, and the records 2. at this Headquarters fails to reveal any documentation to substantiate his entitlement to the Purple Heart award. the time, place, that the injury was a direct result of enemy action.
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In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps, dated 13 August 2001, a copy of which is attached. a review of his service and medical records, which would qualify him for the Purple Since there is no indication in the records that he was regulations require that he obtain eyewitness The eyewitness statements can be from the medical 3. injured under conditions, Heart award, statements. is accepted as one of the two required...
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material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps, regulations and policies. VIRGINIA 22 134-6 103 S TO: IN REPLY.REFER 1650 MMMA-3 llDecO1 MEMORANDUM FOR THE EXECUTIVE DIRECT1 NAVAL RECORDS 3R, BOARD FOR CORRECTION OF (BCNR) Subj: REQUEST FOR ADVISORY OPINION FORMER MARINE Upon review of...