DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 7427-00
3 April 2001
Dea r
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 3 April 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.
opinion furnished by the Awards Branch, Headquarters Marine
a copy of which is attached.
Corps, dated 9 January 2001,
In addition, the Board considered the advisory
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
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
In this connection, the Board substantially
inthe advisory opinion.
The names and
It is regretted that the circumstances of your case are such that
You are entitled to have the
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.
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
’ . .
HEADQUARTLRS
DEPARTMENT OF THE NAVY
UN
3280
I CO , V
I TED STATES MAR
RUSSELL ROAD
IRG IN IA 22 134
QUANT
I NE CORPS
( 03
-5
IN REPLY
:
REFER TO
165 0
MMMA-3
JAN
9
ZOOI
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL
RECORDS ( BCNR )
Subj:
REQUEST FOR ADVISORY OPINION(S) IN THE CASE OF
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
States or an opposing armed force of a foreign country in which
the Armed Forces of the United States was engaged.
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.
is no evidence that he ever received any injuries to his legs.
The only medical information was
condition of ear drainage. ,
for treatment of a pre-existing
There
which would qualify him for the Purple
Since there is no indication in his records that he was
regulations require that he obtain eyewitness
The eyewitness statements can be from the medical
3.
injured under conditions,
Heart award,
statements.
personnel who treated him or two other personnel who were
present at the time he was injured.
the time, place,
that the injury was a direct result of enemy action.
provide the above information,
given to his request.
medical attention received, and verification
further consideration will be
Statements should contain
t
If he can
It should also be noted that a service-connected disability
Any injury
4.
does not have to be the result of enemy action.
sustained while on active duty, combat or otherwise, which
results in some valid adjudicated disability, warrants
appropriate medical care and, in some cases, compensation.
Veterans Administration medical claims are not
Therefore,
acceptable,
those doctors were not witness to the injuries.
This Headquarters does not maintain a listing of former
5.
Marines and their addresses.
of the officers and enlisted Marines who were assigned to his
he may obtain a listing
However,
former unit by requesting copies of the unit rosters for the
period in question from the following address:
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
6.
were eyewitness to his injury,
locating them from the below listed organization:
he may request assistance in
Mail Call Editor
Leatherneck Magazine
P.O. Box 1977
Quantico,
Telephone:
E-Mail:
VA 22134
l-800-336-0291
leatherneck@mca-marines.org
I regret that a more favorable reply is not possible and I
7.
realize that the decision is not what he expected.
does it diminish his contributions to this Country and Corps.
In no way
8.
A point of contact at MMMA is
784-9210.
.
by direction
2
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