DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 4947-01
11 January 2002
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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
9 January 2002.
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.
.
.
The Board found that you were inducted into the Navy on 8 June
1943 for two years at age 19.
advanced to electrician's mate third class in December 1943 and
and were hospitalized in February 1944 for about 20 days due to
scarlet fever.
The record reflects that you were
The record reflects that your ship,
landing of troops at Luzon in January 1944.
while at Mariveles Bay,
the beach.
you were treated for wounds suffered as a result of this incident
or that you were evacuated to a hospital ship for treatment.
On 15 February 1945,
the ship struck a mine on its approach to
Available medical records contain no evidence that
LSM 169, participated in the
You subsequently were advanced to electrician's mate second and
first class and were honorably discharged on 30 April 1946.
The Board also noted your
However, no such evidence could be found.
In its review of your application, the Board conducted a careful
search of your records for any evidence that would show that you
received treatment for injuries suffered as the result of your
ship hitting a mine.
The Board specifically noted the magazine article you submitted
which shows a picture of LSM 169 burning after striking a mine.
The article states that several of the crew on board were wounded
but provides no particulars.
contention to the effect that you were not injured but were
evacuated to a hospital ship for shock and that you refused the
Purple Heart Medal when asked to sign for the award.
be eligible for the Purple Heart Medal, an individual must have
been wounded or received injuries as a result of action against
an enemy of the United States.
have required treatment by a medical officer.
difficult now, 56 years later,
Purple Heart Medal without eyewitness testimony.
statements from at least two credible individuals who actually
witnessed your injuries,
such as someone who was also on board
the ship with you.
awarding the Purple Heart Medal.
has been denied.
will be furnished upon request.
there is no basis for
Accordingly, your application
The names and votes of the members of the panel
Absent such evidence,
In order to
The wound or injuries must also
to establish entitlement to the
It is very
You need
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, 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
.
’
Sincerely,
W. DEAN PFEIFFER
Executive Director
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