DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION

 

OFNAVAL  RECORD

S

2 NAVY ANNE

X

WASHINGTON DC

 

20370-5100

CRS
Docket No: 2593-02
30 January 2003

Your allegations of error and

In addition, the Board considered the advisory

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 29 January 2003.
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 Headquarters Marine Corps dated 9 December
2003, 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.
concurred with the comments contained in the advisory opinion.
Accordingly, your application has been denied.
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.

In this connection, the Board substantially

The names and

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

2

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORP

-’
S

3280 RUSSELL ROA

D

QUANTICO, VIRGINIA 22

 

134-5  10 3

INff$j$  REFER TO:

MMMA-3
9 

Dee  02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,
NAVAL RECORDS

BOARD FOR CORRECTION OF

Sub-j:

Encl:

REQUEST FOR ADVISORY OPINION(S)

FORMER

IN THE CASE OF
MARINE

(1) Copy of NPRC 
(2) Copy of CMC ltr 1650 MMMA-3 of 24 May 01
(3)  Copy of all previous correspondence

ltr  of 23 Sep 99

A review of the records reveal that the National Personnel

1.
Records Center previously re
September 23,
Purple Heart award.
enclosure 

1999 concernin

(1).

A copy of their reply is forwarded as

ator  Robert Byrd on
entitlement to a

2.

A review of the records also reveals that we have responded

on numerous occasions concerning

o a Purple Heart.

Our most recent reply is

the Purple Heart Medal is not awarded for Combat
Without the required two eyewitness statements to

forwarded as enclosure (2).
letters,
Fatigue.
attest to the fact that he was physically injured in action by
the enemy,
A copy of all
previous correspondence is forwarded as enclosure (3).

no further action can be taken.

As previously stated in our

The point of contact at MMMA is

3.
784-9340.

at

1650
PERS313E/g/MCENL/REG
947722/SN#947722
SN# 
23 Sep 99'

.. 

‘\.

‘\

HoNORABLE  ROBERT BYRD
SENATE‘,
UNITED  STATES 
WASHINGTON,Jo

-._.

----A

1

Dear Senator BYRD

This is 
concerning 

in,r&pOns~e  

to  your inquiry on behalf 0

ktitlement  to the Purple Heart Medal.

.?’

.
. 
rt.

s.-...
”

In  order to maintain the prestige and integrity of 
of the Navy established the following criteria.
is authorized 
direct result of action by the enemy of the United States.
also 
nature of wound and medical treatment received.

for award to  members who are wounded or injured as a

require,written  documentation of a wound, showing the date and

awards.the  Secretary
The Purple  Heart Medal

.

Regulations

A review of available personnel and medical records fail to document
that veteran was ever wounded or injured under the conditions for which
the'JJurple  Heart can be authorized.
In the absence of any written
documentation, he has the option to provide two sworn af
eyewitnesses who can attest to the circumstances surrounding 
incidynt.

fzraavFts  
the,

.

tram  

(.

L

W e regret that we could 
time, but in 
n0  Way 
service to our country.

not  provide a more positive response at this
lessen  veteran's contribution during his

does  it 

Sincerely,

LTJG

USN

F ’

78619/80551

1650
MMMA-3
24MayOl

PERSONNEL MANAGEMENT DIVISION COMMENT on 

OLAC  r/s of 16 May 01

Subj:

FOR HIS SERVICE IN KOREA

WRITES CONCERNING A PURPLE HEART MEDAL

We have reviewed the 

1.
following comments are provided.

following-route-Sheet,

and the

-2.----We  -have.-reviewed--the--statements-provided-b
it has been determined that they are not acceptable as the
required eyewitness statements.
describe the circumstances involved i
they both saw him after the fact and cannot attest to what
injuries 
from Combat Fatigue.

he"received.

The records state that he was suffering

-and -

Neither of the individuals can

being injured,

The Purple Heart Medal is not awarded for cases of

3.
trenchfoot, pneumonia, malaria,
disorder (Combat Fatigue).
from a service-connected disability; however, regulations do not
allow the Purple Heart Medal to be awarded to victims of 
traumatic stress disorder.

or post-traumatic stress

This is not to deny that he suffers

post-

4 .

Point of contact is Mr.

at DSN 278-9206.

.

PERSONNEL 

MANAGEMENT.DIVISION

 COMMENT on OLAC r/s of 6 

Subj:

SENATOR ROBERT C. BYRD WRITES CONCERNING

FORMERMARINE

1650
MMMA-3
16AprOl

.

_

:

Apr.  01

,

'1.
following 

We have reviewed the following route sheet, and the‘

comment$-,,are  provided.

:, 

..
Corpq,

.The  Marine 

2.
as part of the Department of the Navy,
applies-~h~-~ite~ia-~rescribed~-by-the-Seore.~a~~f~~e~a-w-i-~
.awarding  the Purple Heart Medal.
This criterion requires that
the Marine's death or injury be the direct or indirect result of
enemy action to include terrorists.

i

'..,

the.

This 

sta&ard.has.been

 in effect for many years and 

W&nds  sustained by a
tipon  ejection from  his aircraft,. after it has been hit by

3.
guidelines for this decoration are well established.
to  enemy small arms fire, artillery fire, or mines, for example,
are  the direct result of enemy action.
pilot 
enemy fire or injuries received by a Marines escaping from a
tank, which has struck a mine,
are the indirect result 
action.
reveal that he was injured under conditions which would qualify
him for a Purple Heart Medal,
eyewitness statements further reconsideration will be given to
his request for a Purple Heart Medal.

if he can provide the required two

As previously stated,

records fail to

Without these 
:
_.  

.

_. 

sta,tements,

of,enemy

Wounds due

_____
The three Army personnel in question received a Purple Heart

4.
Medal because the 
them,after  being captured.
upon the criteria they are qualified for a Purple Heart Medal.

,enemy  beat 

_

5.

Point of contact is

at DSN 278-9206.

:-':
k
t
T
I
f
r

:.
i_

dk

a
P3
;

(---____.pI_

Based

" 

-

,

.

MEMORANDUM

,

1650
_MMMA-3

.

From:

To:

Subj:

Encl:

Awa,rds  Branch, Personnel Management

Head, Military 
Division
Head, Office of Legislative Affairs Correspondence,
2 Navy Annex Arlington, VA

\

WRITES CONCERNING

ltr of 31 

Ott  

.OO

We have reviewed the inquiry contained in the

1.
enclosure,
the National Personnel Records Center,

which was forwarded to this Headquarters from

St. Louis Missouri.

.

During the period he served in the Marine Corps, the

2.
Purple Heart 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.

A review of his service and medical records, and the

3 .
records at this Headquarters and the eyewitness statements
he provided fails to reveal 

any  evidence to substantiate

--his--enti-tlement--to-the-Purple--Heart
show that he was treated for Combat
in Korea.

._ award--The--records-~
Fatigue on 3 March 1951

anyone who is injured

While it is understandable that

the injury or wounds must have been caused by enemy

4.
or dies during combat operations would appear to be
entitled to the Purple Heart Medal,
cause and effect relationship to establish eligibility.
-This,
action.
trenchfoot, pneumonia, malaria, or Combat Fatigue (now
known as post traumatic stress disorder).
deny  that he suffers from a service-connected'disability;
hoGever,
be awarded to victims of post traumatic stress disorder.

The decoration is not awarded for cases of

regulations do not allow the Purple Heart Medal to

there must be a direct

This is not to

.

.

.

,

I

5.
tasker in 
provide,

,with  a response.

This response

was prepared

without 

OLAC's assignment of

s

ordee to avoid unnecessary delays.

Please,

6.

Point of contact

at DSN 278-9210.

2

_

.

-

This is in further reply to your inquiry of July
he--award-of--the-Purple--Heart--Medal-t

., a former. member of the U.S. Marine Corps.

’

served in the Marine Corps, the

During the perio
Purple Heart was authorized for award to those who were wounded
.as a direct result of action by an enemy of the United
or injured 
States or an opposing armed force of a foreign county in which
the.Armed.;Forces of the United States was engaged.
A review of his records fails to reveal that he was ever wounded
or injured under conditions for which the Purple Heart can be
authorized.
Since 
injured under conditions 
Heart award, regulations require 
statements.
personnel who treated him or two other personnel who were present
Statements should contain the time,
at the time he was injured.
injury was a direct result of enemy action.

The eyewitness statements can be from the medical

there,is no indication i
whit

records that he was
y him for the Purple

that,he obtain eyewitness

----p'lace,-medie~~~n~~n-re~~v~d~n~~~ic~~~,

.

I ”

can provide the above information, further
will be given to his request.

Very respectfully,

:

.  _

.,-k.

. 

:

.

. .(
.

. . . . 

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T..

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.
., 

. 

. 

. 

.

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