DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No 6007-00
27 June 2001
Co Rca
This is in reference to your application reconsideration for
correction of your late father’s 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, reconsidered your
application on 27 June 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 record and applicable statutes, regulations
and policies. In addition, the Board considered the advisory
opion furnished by the Chief of Naval Operations dated 9 April
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 NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
2000 NAVY PENTAGON
WASHINGTON, D.C. 20350-2000
IN REPLY REFER TO
Ser 09B13/1U516079
9 April 2001
From: Chief of Naval Operations (N09B13)
To: Chairman, Board for Correction of Naval Records
Subj : “ions FOR COMMENTS AND RECOMMENDATION IN THE CASE OF
4
«
Encl: (1) BCNR File
(2) Service Record
(3) Combat Action Ribbon
1. Enclosures (1) and (2) are returned. Mrs. Ls
requesting a Purple Heart for her late father, : for
injury to his ankle when the USS HOUSTON sank in 1942 and his subsequent
internment in Japanese war camps.
2. Because of the requirement that the injury sustained must be the direct
result of enemy action (inflicted upon by the enemy), sworn eyewitness
statements to the injury are accepted for review in the lack of medical
documentation. These statements must clearly show the injury was witnessed,
when and how it occurred, and the extent of the injury.
3. A thorough review of MQQMAQMBNNF! military record was made by all cognizant
sources, in addition to all of \—.-—_—_MBMNWS? earlier and subsequent
documentation, and failed to provide the required affidavits or show that her
father was wounded or injured under conditions that authorize the Purple
Heart. The affidavit | SRR clematis is a general statement of his
personal experience while a prisoner of war and not a statement attesting to
witnessing personal harm inflicted to a particular prisoner.
4. While the requirements for enemy action, medical record verification
and/or clear-cut verification of eyewitnesses may seem stringent, we consider
it essential to maintaining the integrity of this important decoration. The
Purple Heart is not awarded solely for being a prisoner of war.
5. In view of the above, we regret the Purple Heart may not be awarded at
this time. However, in accordance with Public Law 106-65, we were able to
review Mr. meligibility for the retroactive Combat Action Ribbon.
Enclosure (3) is forwarded for delivery to the next of kin.
nd Special Projects
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