Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 00549-01
Original file (00549-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

CRS
Docket No: 549-01
19 July 2001

In addition, the Board considered the advisory

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 18 July 2001.
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.
opinion furnished by the Chief of Naval Operations dated 29 May
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.
concurred with the comments contained in the advisory opinion.
The names and
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
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.

Your allegations of error and

In this connection, the Board substantially

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
OFFICE OF THE CHIEF OF  

NAVAi OPERATIONS

-

IN REPLY REFER TO

09B13/1U517078

Ser 
29 May  2001

From:
To:
Subj:

Chief of Naval Operations  
Chairman, Board for Corrections of Naval Records
REQUEST FOR COMMENTS
EX-SN

AND RECOMMENDATIONS IN THE
USN,

(N09B13)

CASE OF

Ref: (a)

Encl:

(b)

(1)
(2)
(3)

BCNR ltr 
10 U.S.C.  1552

AEG:jdh Docket No: 549-01 of 6  Mar 01

BCNR File
Service Record
Medical Record

As requested by reference (a) and in accordance with reference 

1.
Chief of Naval Operations has reviewed subject man's case for eligibility
determination for the Purple Heart for an injury to his left ring finger
while in Vietnam in May 1968.

(b), the

While the requirement for enemy action

it is considered essential to maintaining the integrity 

In accordance with Executive Order 11016, before the Purple Heart can be

2.
approved, there must be adequate documentation that a service member was
wounded as a result of enemy action.
may seem stringent,
of this important decoration.
ring finger when he dropped heavy equipment while under mortar attack. A
review of Mr.-medical and service
records failed to confirm that the
injury was sustained as a result of enemy action; therefore the Purple Heart
cannot be awarded.
When the service and medical records do not confirm this
fact, we will reconsider 
eyewitnesses who have personal knowledge of the injury and circumstances
surrounding the incident.
full name and address, relationship to Mr.
.unit assigned and their personal account of

Eyewitnesses should provide to this office their

Mr.- indicated that he injured his left

updn receipt of sworn affidavits from two

t the time of the incident,

the incident.

-

3.

Enclosures 

(11, 

(21, and (3) are returned.

By direction



Similar Decisions

  • NAVY | BCNR | CY2001 | 07440-00

    Original file (07440-00.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD 2 NAVY ANNE WASHINGTON DC 20370-510 X 0 S CRS Docket No: 7440-00 5 December 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. opinion furnished by the Chief of Naval Operations dated 30 July 2001, a copy of which is attached. Naval Operations has reviewed subject man's case for eligibility determination for the Purple...

  • NAVY | BCNR | CY2001 | 00177-01

    Original file (00177-01.pdf) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY2006 | 20060003094C070205

    Original file (20060003094C070205.doc) Auto-classification: Denied

    The applicant requests award of the Purple Heart. The applicant also states that he was given 4 weeks worth of medications and advised to return if the ringing was still present when he finished the medication. However, given he was referred for an evaluation for hearing loss in 2001 and received medical treatment in 2003 for the ringing in his left ear, as evidenced by the medical treatment records he provided, it must be presumed that military medical officials and the responsible...

  • NAVY | BCNR | CY2001 | 03551-00

    Original file (03551-00.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 TRG Docket No: 3551-00 25 September 2001 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. considered your application on 25 Your allegations of error and injustice were A three-member panel of the Board for Correction of Naval Records, sitting in executive session, September...

  • NAVY | BCNR | CY2002 | 05566-01

    Original file (05566-01.pdf) Auto-classification: Denied

    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.

  • NAVY | BCNR | CY2001 | 06007-00

    Original file (06007-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your application on 27 June 2001. 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 opion furnished by the Chief of Naval Operations dated 9 April 2001, a copy of which is attached.

  • NAVY | BCNR | CY2001 | 04224-01

    Original file (04224-01.pdf) Auto-classification: Denied

    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.

  • NAVY | BCNR | CY2002 | 01431-02

    Original file (01431-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2003. 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. The Navy Department Board of Decorations and Medals reviewed Mr. -petition for a Purple Heart.

  • AF | BCMR | CY2006 | BC-2006-00534

    Original file (BC-2006-00534.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He never received the award for his injury. Medical entries in the applicant’s military medical records at Exhibit B, and provided by him at Exhibit A, for the period 14 Oct-11 Nov 69 reflect he sustained an injury to his right ring finger from a forklift on 14 Oct 69. A complete copy of the HQ AFPC/DPPPR evaluation is at Exhibit...

  • ARMY | BCMR | CY2009 | 20090017692

    Original file (20090017692.txt) Auto-classification: Denied

    The applicant requests award of the Purple Heart. The applicant's HHC Commander recommended the applicant be awarded the Purple Heart. The applicant wants the Purple Heart because he was hit by a rock during a demonstration in Sevce, Kosovo.