DEPARTMENT O F THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 N A V Y A N N E X
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0
JRE
Docket No. 01431-02
20 October 2003
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 October 2003. 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 opinion furnished by Chief of Naval Operations dated 9
September 2003, a copy of which is attached, and your rebuttal
thereto.
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.
In addition, the Board was not persuaded that your digestive
disorder was incurred in or aggravated by your service. It
noted that as there were no provisions for the disability
retirement of enlisted service members prior to 1 October 1949,
the effective date of the Career Compensation Act of 1949, you
would not have qualified for disability retirement even if you
had been unfit for duty at the time of your discharge.
In view of the foregoing, 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,
DEPARTMENT OF THE NAVY
OFFICE OF THE SECRETARY
1000 NAVY PENTAGON
From: Secretary, Board of Decorations and Medals
To:
WASHINGTON. D.C. 20350-1000
-sm -
Chairman, Board for Correction of Naval Records
Subj: REQUEST FOR ADVISORY OPINION IN THE CASE OF EX--
165 0
Ser NDBDM/0672
9 September 2003
Ref:
(a) BCNR ltr dtd 24 May 02
(b) SECNAVINST l65O.lG
Encl : (1) BCNR Pile
(2) Service Record
1 . AS requested by reference (a), the following advisory opinion is submitted and
enclosures (1) and (2) are returned.
2. The Navy Department Board of Decorations and Medals reviewed Mr. -petition
for a Purple Heart. Based upon the information provided by him and information
contained in his service record and VA claims file, he is not entitled to the Purple
Heart.
3. To be eligible for the Purple Heart, a World War I1 veteran must have been wounded
records
as a direct result of enemy action. There is no indication in-
that his shoulder injury resulted directly from enemy action onboard USS Hancock on
January 21, 1945.
4. Per reference (b), in the absence of adequate information in service and medical
records,,-
knowledge of his injury and the circumstances surrounding the incident in which his
injury occurred. These statements should include the full name of the eyewitness,
current contact inforrnation, and relationship to Mr.-at
incident.
may submit sworn affidavits from two eyewitnesses who have personal
the time of the
5 . The additional inforrnation submitted by Mr.-n
However the statements do not provide sufficient detail as required in paragraph 4
above. Specifically the statements must be sworn affidavits. The eyewitnesses should
discuss their personal knowledge of his injury (e.g. the nature of the injury and how
it occurred) and the circumstances of January 21, 1945 during whic
says he
was injured. Finally these statements should include current c o n t ~ ? S m ~
including pll Y.. nur~lb.-r and zy-_ific relationship to '-nn
June 26, 2002 is noted.
January 21, 1945.
. .
may submit required sworn affidavits to the Navy Liaison Office, Navy
Personnel Command (Pers-313E), Room 5409, 9700 Page Avenue, St. Louis, MO 63132 for
further research and direct reply to him.
6. Finally it shoxld be noted that National Personnel Records Center made an earlier
determination of -.
Purple Heart eligibility on August 11, 1989. This
was found in his service records. The determination at that time was Mr.
as not entitled to the Purple Heart.
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