DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3530-01
21 September 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 Navy Records,
sitting in executive session,
19 September 2001.
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.
Your allegations of error and injustice were
considered your application on
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 Navy on 27 September 1968 for two years at
age 19.
and assigned to the USS ENTERPRISE on 26 December 1968.
The.record reflects that you were advanced to SA (E-2)
The medical record reflects that on 14 January 1969 a rocket
exploded on board USS ENTERPRISE and you suffered multiple
fragment wounds, the loss of four toes on the right foot, and
fractures of the left tibia and the third and fourth
of the left hand.
medically transferred to an Army hospital for treatment.
As a result of your injuries, you were
metacarpals
On 17 June 1969 a medical board found you physically unfit for
duty due primarily to the loss of four toes.
to a physical evaluation board (PEB).
You were referred
On 24 June 1969 a PEB found you unfit to perform the duties of
your pay grade because of
four toes, and fractures of left tibia and the third and fourth
physicial disability due to the loss of
The Physical Review Council concurred with the PEB
metacarpals to your left hand.
percent.
recommendations and findings and recommended that you be placed
The PEB was
on the Permanent Disability Retired List (PDRL).
approved and you were transferred to the PDRL with a 50 percent
disability rating on 16 September 1969.
Your disability was rated at 50
The Navy and Marine Corps Awards Manual established the eligi-
bility criteria for the Purple Heart Medal.
This regulatory
guidance provides that in order to be eligible for the medal, an
individual must have been wounded or received injuries as a
direct, or indirect result of action against an enemy of the
United States.
The Board considered your statement that your ship was about
three days out of Hawaii headed for Vietnam when a rocket blew up
and you suffered multiple injuries and your contention that you
believe you are entitled to the Purple Heart because of your
injuries, your honorable service to your country, and the fact
that you almost lost your life.
However, the Board concluded
that the injuries you suffered on 14 January 1969 do not meet the
criteria for the Purple Heart Medal.
sympathetic to your request,
ENTERPRISE was not the result of combat action, but was purely an
unfortunate accident.
denied. The names and votes of the members of the panel will be
furnished upon request.
Accordingly, your application has been
the explosion on board the USS
While the Board was
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard,
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.
it is important to keep in mind that a
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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