DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 3551-00
25 September 2001
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.
considered your application on 25
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session,
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,
In addition, the
Board considered the advisory opinion furnished by the Chief of Naval
Operations, a copy of which is enclosed and your rebuttal thereto
dated 14 September 2001.
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. In
this connection the Board substantially concurred with the comments
contained in the advisory opinion.
Accordingly, your application has been denied.
of the members of the panel will be furnished upon request.
The names and votes
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
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.
You are entitled to have the Board
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATION
2000 NAVY PENTAGO
DC.
WASHINGTON.
20350-2000
N
S
IN REPLY REFER
09B13/1U518186
Ser
7 August 2001
TO
From:
To:
Subj:
Ref:
Encl:
Chief of Naval Operations
Chairman, Board for Corrections of Naval Records
(N09B13)
RECOMMENDATIONS IN THE CASE OF.
(a) BCNR ltr AEG:jdh Docket No: 3551-00 of 15 May 2001
(b) 10 U.S.C. 1552
(1) BCNR File
(2) Service Record
(3) Medical Record
As requested by reference (a) and in accordance with reference
(b), the Chief of
1.
Naval Operations has reviewed subject man's case for eligibility determination for the
Purple Heart for minor injuries he sustained on November 24, 1944 and January 21, 1945
when he was assigned to the USS HANCOCK
(CV 19).
In accordance with Executive Order 11016,
2.
there must be adequate documentation that a service member was wounded as a direct
result of enemy action.
is considered essential to maintaining the integrity of this important decoration.
Being injured during war/combat operations and requiring medical treatment in itself
does not justify the awarding of the Purple Heart.
records do not confirm this fact,
from two eyewitnesses who have
personal knowledge of the injury and circumstances,
While the requirement for enemy action may seem stringent, it
we will reconsider upon receipt of sworn affidavits
before the Purple Heart can be approved,
When the service and medical
November 24, 1944 and on January 21 1945 he was
assigned to the USS HANCOCK
flight deck, injuring and killing crewmembers.
Heart cannot be authorized.
returned
sliqhtlv iniured
when-hplan~
from/attacks and accidently dropped a bomb on the
This was an accident and a Purple
3.
We will reconsider
request for the Purple Heart in
much as possible the extent of the
injuriesm.sustained.
In view of the above, enclosures (1) through (3) are returned pending the receipt
4.
of the notorized eyewitness statements.
However, based upon the documentation contained
5.
the Chief of Naval Operations was able to make an eligibility determination under
Pubric Law 106-65 for the retroactive Combat Action Ribbon for his World War II
service.
The ribbon will be forwarde
- service record,
- -_
in
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