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NAVY | BCNR | CY2002 | 02997-01
Original file (02997-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 2997-01
21 February 2002

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. You requested that you be
awarded the Purple Heart Medal.

It is noted that the Chief of Naval Operations (CNO) has decided to issue you the Combat
Action Ribbon.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 21 February 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this 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 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.

In this
connection, the Board substantially concurred with the comments contained in the advisory
opinion. Accordingly, your application for relief beyond that effected by CNO 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,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE

OFFICE OF THE CHIEF OF NAVAL OPERATION

  NAV Y

S

2000 NAVY PENTAGO

WASHINGTON. D.C. 20350-200

N

0

IN 

REPLY 

REFER T O
09B13/1U519473

Ser 
27 December 2001

From:
To:

Subj:

Ref:

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

(N09B13)

REQUEST FOR COMMENTS AND RECOMMENDATION IN THE CASE OF
EX-

, USN

(a) Your 
(b) 10 USC 1552

ltr BJG Docket No:

'l‘** 

Ott 01

Encl:

(1) BCNR File

In response to reference (a) and in accordance with reference (b),

1.
the Chief of Naval Operations has reviewed subject man's case for
eligibility determination for the Purple Heart for injuries he
sustained when he jumped onto a barge to administer first aide to a
member of a Construction Battalion,
World War II.

towing a pontoon barge during

While the requirement for enemy action (inflicted upon by

Before the Purple Heart can be approved, there must be adequate

2.
documentation that a World War II veteran was wounded as a direct
result of enemy action and that such a wound required medical
treatment.
the enemy), may seem stringent, it is considered essential to
maintaining the integrity of this important decoration.
during war/combat operations and requiring medical treatment in itself
does not justify the awarding of the Purple Heart.
fered
a inguinal hernia as a result of jumping onto a barge to render first
aide to a service member of a Construction Battalion.
unfortunate accident and not at the hands of the enemy.

This was an

Being injured

In view of the above,

3.
However, this in no way detracts from the value
War II service.

of

the Purple Heart cannot be authorized.

orld

We were able to make an eligibility determina

4.
106-65 for the retroactive Combat Action Ribbon
service during World War II.
forward the CAR under separate cover

f

The Chief of Naval Operations will

c Law
mbat

Sincerely,

. . 

.--, 

-

By dire

ction

...”. 



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