DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TRG
Docket No:
2 May 2001
2664-00
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 May 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.
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.
You enlisted in the Marine Corps on 2 January 1969 at age 20.
The record shows that you served in Vietnam from 13 June 1968 to
9 July 1969 where you participated in numerous combat operations
and were awarded the Combat Action Ribbon.
September 1968, you received nonjudicial punishment for an
unauthorized absence of about 11 days.
You were released from
active duty on 4 August 1969 with your service characterized as
honorable and were subsequently issued an honorable discharge at
the expiration of your military obligation.
However, on 24
In your application you contend that your record is in error
because you were wounded in action on three occasions and should
have been awarded three Purple Hearts.
were improperly charged with 11 days of unauthorized absence
because you were hospitalized during that period.
You also contend that you
The Board obtained your medical record from the Department of
Veterans Affairs.
for four days in 1968 for what appears to be an intestinal
infection.
1969 for an abrasion and sprain to your right knee.
In addition you were hospitalized from 21 days in
That record shows that you were hospitalized
Your
separation physical shows that you were physical qualified for
release from active duty and no defects were noted.
As indicated, there is no documentation in your service or
medical record, and you have submitted none, to show that you
were wounded in action while you were in Vietnam.
there is no basis for the award of any
of such documentation,
Purple Hearts.
In the absence
Finally, 'none of the dates you were hospitalized correspond with
the period you were charged as being an unauthorized absentee.
The Board believed that when you received nonjudicial punishment
for the 11 day period of unauthorized absence you would have been
In appears
given an opportunity to explain why you were absent.
that you either did not inform the commanding officer
you.were
hospitalized during this period or he did not believe you.
Board concluded that your unsupported contention was not
sufficient to warrant removal of the period of lost time from
your record.
The
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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