Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 07440-00
Original file (07440-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL

  RECORD

2  NAVY ANNE
WASHINGTON DC 20370-510

X

0

S
CRS
Docket No: 7440-00
5 December 2001

Dear

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 5 December 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 Chief of Naval Operations dated 30 July
2001, a copy of which is attached.

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 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.
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

copy to:

The American Legion

DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS

2000 NAVY PENTAGON

WASHINGTON. 

DC. 20350-2000

IN REPLY   REFER TO
09B13/1U518030

Ser 
30 July 2001

From:
To:

Subj:

Ref:

Encl:

Chief of Naval Operations  
Chairman, 'Board for Correction of Naval Records

(N09B13)

REQUEST FOR COMMENTS AND RECOMMENDATION IN THE

CASE

(a) Your 
(b) 10 U.S.C. 1552

ltr AEG:jdh Docket No. 7440-00 of 26 Apr 01

(1) BCNR File
(2) Service Record

In response to 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 injuries he sustained in action against the enemy on November 2,
1942.

there must be adequate documentation that

Before the Purple Heart can be approved,

When the service and medical records do not confirm this

2.
a World War II veteran was wounded as a direct result of enemy action and that such a
wound required medical treatment.
While the requirement for enemy action (inflicted
it is considered essential to maintaining the
seem,stringent,
upon by the enemy), may 
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.
service record indicated being admitted to the hospital on several
treatment, but not the circumstances surrounding the admittance), we will reconsider
upon receipt of sworn affidavits from two eyewitnesses who have personal knowledge of
the injury and circumstances surrounding the incident.
Pharmacists Mate, Arthur Chandler,
to this office their full name and address,
of the incident, unit assigned,
extent of the injuries

in addition to detailing as much as possible the

needs to be notorized.
relationship 

Eyewitnesses should provide
to-t  the time

Bustained.

The statement of the

fact

occasions for

We will reconsider this case when we have received the two notorized eyewitness

3.
statements.

In view of the above, enclosures 

4.
the notorized eyewitness statements.

(1) and (2) are returned pending the receipt of

However, based upon the documentation contained in

5.
the Chief of Naval Operations was able to make an eligibility determination under
Public Law 106-65 for the retroactive Combat Action Ribbon  
War II service.

The ribbon will be forwarded to 

r" under separate cover.

B service record,

forms  World

Projects Office
By direction
Chief of Naval Operations



Similar Decisions

  • NAVY | BCNR | CY2001 | 03551-00

    Original file (03551-00.pdf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2001 | 06007-00

    Original file (06007-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your application on 27 June 2001. 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.

  • NAVY | BCNR | CY2001 | 00549-01

    Original file (00549-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 July 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. opinion furnished by the Chief of Naval Operations dated 29 May 2001, a copy of which is attached. Sincerely, W. DEAN PFEIFFER Executive...

  • NAVY | BCNR | CY2002 | 06639-01

    Original file (06639-01.pdf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2002 | 02997-01

    Original file (02997-01.pdf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by CNO dated 27 December 200 which is attached. Documentary material considered by the Board 1, a copy of 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 warranting approval of your request to award you the Purple Heart Medal. D.C. 20350-200 N 0 IN REPLY REFER T...

  • NAVY | BCNR | CY2003 | 00797-03

    Original file (00797-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2003. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, applicable statutes, regulations and policies. 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.

  • NAVY | BCNR | CY2002 | 01431-02

    Original file (01431-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2003. 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. The Navy Department Board of Decorations and Medals reviewed Mr. -petition for a Purple Heart.

  • NAVY | BCNR | CY2000 | 07733-00

    Original file (07733-00.pdf) Auto-classification: Denied

    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. 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. A review of his service and medical records, and the records at this Headquarters fails to reveal any documentation...

  • AF | BCMR | CY2011 | BC-2011-04155

    Original file (BC-2011-04155.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04155 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. The applicant provided as evidence an eyewitness statement, which gives the date of the injury as 6 June 1944, and the site of the injuries as the former service member’s leg. ...

  • NAVY | BCNR | CY2001 | 04968-00

    Original file (04968-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 August 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. opinion furnished by Headquarters Marine Corps dated 9 July 2001, a copy of which is attached. of the officers and enlisted Marines who were assigned to his former unit by requesting copies of the unit rosters for...