DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 3231-01
24 October 2001
SMC RET
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. You requested the Purple
Heart Medal for the injuries you allege to have been incurred in July and August 1968.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 24 October 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 and medical records, and applicable statutes, regulations and policies. In addition, the
Board considered the advisory opinion furnished by Headquarters Marine Corps, dated
13 August 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 denied. 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 NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
GUANTICO, VIRGINIA 221
34-5103
IN REPLY REFER TO:
165 0
MMMA-3
13AugOl
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL
RECORDS
(BCNR)
Subj:
R ADVISORY OPINION(S) IN THE CASE 0
RMER MARINE
During the period he served in the Marine Corps, the Purple
1.
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,
2 .
and the records at this Headquarters failed to reveal any
evidence that he was wounded in action by the enemy.
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.
personnel who treated him in the field or two other personnel
who were present at the time he was injured.
contain the time, place,
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.
medical attention received, and
The statement from
Statements should
statements.
accepted as eyewitness statements,
when he received his injuries.
is accepted as one of the two required eyewitness
Statements from the Veterans Administration are not
since they were not present&&
It should also be noted that any service-connected
4 .
disability does not have to be the result of enemy action.
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.
Any
I realize that it will be difficult to obtain eyewitness
5.
statements due to the length of time that has elapsed.
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.
cannot,
the eyewitness statements are required.
be so verified,
In those cases, which
This
This Headquarters does not maintain a listing of former
6.
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
Headquarters United States Marine Corps
Manpower and Reserve Affairs
2008 Elliott Road (Code MMSB)
Quantico,
VA 22134-5103
were @
Should he be able to obtain the names of former Marines that
eyewitness'%0 his injury,
7*
locating them from the below listed organizations:
he may request assistance in
P.O. Box 1977
Ouantico.
VA 22134
8605 Cameron Street, Suite 400
Silver Sprinq, MD
20910
I regret that a more favorable reply is not possible and
8 .
realize that the decision is not what he expected.
does it diminish his contributions to this Country and Corps.
In no way
I
9.
A point of contact
ilitary Awards Branch
2
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