DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC

 

20370-5100

CRS
Docket No: 1074-01
2 November 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 31 October 2001.
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.
opinion furnished by Headquarters Marine Corps dated
2001, a copy of which is attached.

In addition, the Board considered the advisory

Your allegations of error and

  18 September

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.

In this connection, the Board substantially

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

Enclosure

DEPARTMENT OF THE NAV

Y

HEADQUAR

TE RS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD
 

QUANTICO, VIRGINIA 221

34-5103

IN REPLY REFER TO:

1650
MMMA-3
18SepOl

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

(BCNR)

NAVAL  

RECORDS  

Subj:

REQUEST FOR ADVISORY OPINION(S) IN THE CASE  

FORMER MARINE

Ow

1.
service in the U.S. Marine Corps:

is entitled to the following awards for his

Combat Action Ribbon for service in Vietnam

Presidential Unit Citation awarded to  
for 
September 15, 1967

serfice  in Vietnam for the period March 8, 1965, to

3rd Marine Division

.

Good Conduct Medal for service from August 1, 1962, to
July 31, 1965

National Defense Service Medal

Armed Force Expeditionary Medal for service
Dominican Republic

in the

Vietnam Service Medal with two bronze stars

Republic of Vietnam Meritorious Unit Citation
(Gallantry Cross Color with palm)

Republic of Vietnam Campaign Medal

Rifle Marksman Badge

Pistol Marksman Badge

The Republic of Vietnam personal decorations were awarded by

2.
decree issued by a level of command of the Republic of Vietnam
Armed Forces to members of the Unites States Armed Forces who
were cited by their commanding officer for their actions in
Since
combat or contributions against Communist aggression.
there is no evidence that he was ever recommended for or awarded
a personal decoration by the Vietnamese government, he is not
entitled to any foreign personal award and there is no further
action that can be taken.

As a matter of information,

3.
known as the Medal of Valor,
government.

there is no personal decoration
which was awarded by the Vietnamese

During the period he served in the Marine Corps, the Purple

4.
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.

Regrettably,

a review of his service and medical records,

5.
and the records at this Headquarters failed to reveal any
evidence that: the enemy wounded him in action.
the Veterans Administration doctors are not acceptable as
eyewitness statements,
to the circumstances involved.

they were not present and cannot attest

Statements from

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

6.
injured under conditions,
Heart award,
statements.
personnel 
who were present at the time he was injured.
contain the  
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.

who treated him in the field or two other personnel

medical attention received, and

t.ime,  place,

Statements should

I realize

ofi time that has elapsed.

it is absolutely necessary that some

We do not. intend to challenge the veracity of his statement

7.
concerning the injury,
documentation be provided to verify-his entitlement.
that it will be difficult to obtain eyewitness statements due to
the length 
This Headquarters is
keenly aware of the fact that there are undoubtedly many cases
of Marines who sustained injuries,
the Purple Heart.
the eyewitness statements are required.
a.
does not 
sustained while on active duty, combat or otherwise, which
results in 
appropriate medical care and, in some cases, compensation.

should\  also be noted that a service-connected disability
Any injury

some  valid adjudicated disability, warrants

have, to be the result of enemy action.

which might qualify them for
which cannot be so verified,

In those cases,

It 

2

This Headquarters does not maintain a listing of former

9.
Marines and their addresses.
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:

However,

he may obtain a listing

United States Marine Corps
Reserve Affairs
El:_iott Road (Code MMSB)

Headquarters
Manpower and
2008 
Quantico, VA

22134-5103

Should he be

able to obtain the names of former Marines
10.
that were eyewitness to his injury, you may request assistance
in locating them from the below listed organizations:

Bo:~ 1977

Ca:_l  Editor

Mail 
Leatherneck Magazine
P.O. 
Quantico,
Telephone:
E-Mail:

VA 22134

l-800-336-0291

leatherneckamca-marines.org

Vietnam Veterans of America, Inc.
Vietnam Locator
8605 Cameron Street, Suite 400
Silver Spring, MD 20910
ATTN: Mokie Porter
Telephone:
Fax: (301) 585-0519
www.wa.org
E-Mail:

(301) 585-4000

I regret that  a more favorable-reply is not possible and 

11.
realize that the decision is not what he expected.
does it diminish his contributions to this Country and Corps.

In no way

I

12.

A point of contact at MMMA is Mr.

784-9210.

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