DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4425-01
19 September 2001
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 Naval
Records, sitting in executive session, considered your
application on 19 September 2001.
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.
In addition, the Board considered the advisory
opinion furnished by Headquarters Marine Corps dated 7 August
2001, a copy of which is attached.
Your allegations of error and
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
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.
YOU are entitled to have the
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
2
DEPARTMENT OF THE NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 221 34-51 03
IN REPLY REFER TO:
1650
MMMA-3
7AugOl
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL
RECORDS
(BCNR)
Subj:
FOR ADVISORY OPINION(S) IN THE CASE OF
, FORMER 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, a review of his service and medical records,
2.
and the records at this Headquarters failed to reveal any
evidence that he was wounded in action by the enemy.
information from his medical records shows that he was treated
for ear pain on June 26, 1945;
Migraines on January 18, 1946,
which was changed to Hypothyroidism.
The only
which would qualify him for the Purple
The eyewitness statements can be from the medical
Since there is no indication in the records that he was
3.
injured under conditions,
Heart award, regulations require that he obtain eyewitness
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,
medical attention received, and
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.
Statements should
While we do not intend to challenge the veracity of his
4.
statement concerning the injury,
some documentation be provided to verify his entitlement.
it is absolutely necessary that
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 be so verified,
the eyewitness statements are required.
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
Director
History and Museum Division
901 M Street, SE.
Washington Navy Yard, Building 58
Washington,
'DC 20374-0580
Should he be able to obtain the names of former Marines that
7.
were eyewitness to his injury,
locating them from the below listed organization:
he may request assistance in
Mail Call Editor
Leatherneck Magazine
P-0. Box 1977
Quantico, VA 22134
Telephone: l-800-336-0291
E-Mail:
leatherneck@mca-marines.org
8.
A point of contact at MMMA is Mr.
Mackey
@ 784-9210.
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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. VlRGlNlA 22134-510 3 IN REPLY REFER TO: ’ 165 0 MMMA-3 17SepOl MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) Subj: FOR ADVISORY OPINION(S) IN THE CASE OF FORMER MARINE Encl: (1) Copy of MMMA memo of 17 Sep 01 1. During the period he served in the Marine Corps, the Purple 2.
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Sincerely, W. DEAN PFEIFFER Executive Director 2 DEPARTMENT OF THE NAV HEADQUARTERS UNITED STATES MARINE CORPS ROA D 3280 RUSSELL QUANTICO, VIRGINIA 22134-51 0 Y 3 IN REPLY REFER TO: 1650 MMMA-3 30ctOl MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) Subj: ADVISORY OPINION(S) IN THE CASE OF FORMER MARINE During the period he served in the Marine Corps, the Purple 1. a review of his service and medical records, Since there is no indication in the records of...
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Copies of these replies are forwarded as Enclosure (3) is a copy of a letter forwarded 1993 regarding his entitlement to (1) and (2) _ During the period he served in the Marine Corps, the Purple Heart 2. 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. and enlisted Marines who were assigned to his former unit...
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opinion furnished by the Awards Branch, Headquarters Marine a copy of which is attached. by an enemy of the United A review of his service and medical records, and the records 2. at this Headquarters fails to reveal any documentation to substantiate his entitlement to the Purple Heart award. the time, place, that the injury was a direct result of enemy action.
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material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps, regulations and policies. VIRGINIA 22 134-6 103 S TO: IN REPLY.REFER 1650 MMMA-3 llDecO1 MEMORANDUM FOR THE EXECUTIVE DIRECT1 NAVAL RECORDS 3R, BOARD FOR CORRECTION OF (BCNR) Subj: REQUEST FOR ADVISORY OPINION FORMER MARINE Upon review of...
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