D EPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON, D.C. 203704100
ELP
Docket No. 1108-00
27 October 2000
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.
Your allegations of error and
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 October 2000.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
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 and Special Projects Branch in
the Office of the Chief of Naval Operations
26 August 2000, a copy of which is enclosed.
(OP9B33), dated
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.
Accordingly, your application has been denied. The names and
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.
.
Enclosure
Sincerely,
W. DEAN PFEIFFER
Executive Director
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATION
2000 NAVY PENTAGO
N
DC. 20350-200
WASHINGTON.
0
S
-_
IN REPLY REFER TO
From: Chief of Naval Operations
To:
Chairman, Board for Correction of Naval Records
(N09B33)
N09B33/OU5 1825 1
Ser
26 August 2000
SE OF
Ref:
(a) BCNR Itr AEG:jdh Docket No. 1108-00 of 25 May 00
Encl: (1) BCNR File
(2) Service Record
1. In response to reference (a) concerning
thorough and complete review of all submitted documentation, eyewitness statement, and
medical and service records has been conducted. The previous decisions
by the Bureau of Naval Personnel is upheld, the Purple Heart may not be awarded in this
case.
SNI’s eligibility for the Purple Heart, a
2. Specifically, within
under the conditions w
ile case, there is no
eart may be aw
d to confirm this fact and appears to have
id not provide a required second eyewitness affidavit. In addition, his case
file contained conflicting information and statements on the subject of his injury.
3. All enclosures are returned as requested.
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