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NAVY | BCNR | CY2001 | 07949-99
Original file (07949-99.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAW ANNEX

WASHINGTON DC 203704100

ELP
Docket No. 7949-99
29 June 2000

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 28 June 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable'statutes, regulations
In addition, the Board considered the advisory
and policies.
opinion furnished by the Military Awards Branch, Headquarters,
Marine Corps, dated 27 April 2000,

Documentary material considered by the Board consisted of
together with all material submitted in support

Your allegations of error and

a copy of which is attached.

In this connection, the Board substantially

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.
Although the Board gave some credence to your brother's letter
since he was assigned to your unit a month after you were
allegedly wounded, he did not witness the circumstances of your
injuries.
wounds sustained or statements from individuals who witnessed
your injuries or were aware of them, such as those individuals
who briefed your brother after he was assigned to your unit, the
Board found no basis for awarding you a second Purple Heart
Medal.
and votes of the members of the panel will be furnished upon
request.

Accordingly, your application has been denied. The names

Absent medical evidence showing treatment of the

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

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROA

D

QUANTICO, VIRGINIA 22

  134-5 103

IN REPLY REFER TO:
1650
MMMA-3

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL  

RECORDS  

(BCNR)

Subj:

ORY OPINION(S) IN THE CASE OF MR.'
FORMER MARINE

1. Mr.
in the U.S.

Marine Corps:

Hale is entitled to the following awards for his service

Purple Heart Medal for wounds
the enemy on July 24, 1953, in Korea

received in action against

Combat Action Ribbon for service in Korea

Navy Unit Commendation awarded to  
service in Korea during the periods August 11, 1952, to
March 5, 1953;   and July  7 to  27, 

lSt Marine Division for

1953

Good Conduct Medal
December 3, 1953

for service from December   18, 1950,  to

National Defense Service Medal

Korean Service Medal with two bronze stars

Republic of Korea Presidential Unit Citation awarded to
1
October 26, 1950, to July 27, 1953

st Marine Division for service  

during  the period

United Nations Service Medal for service in Korea

Republic of Korea War Service Medal for service during the
period June 25, 1950, to July 27, 1953

Rifle Expert Badge

Pistol Sharpshooter Badge

A review of his service and medical records, and the records

2.
at this Headquarters fails to reveal any documentation that he

f

was injured a second time under conditions for which the Purple
Heart Medal can be authorized.
determined that he is not entitled to this award.
family members are not acceptable as eyewitness statements.

it has been

Therefore,

Letters from

3.

A point of contact at MMMA is Mr. S.A.

784-9206.

Head, Military Awards Branch
Personnel Management Division
by direction of
the Commandant of the Marine Corps

2



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