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NAVY | BCNR | CY2002 | 02998-01
Original file (02998-01.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

NAVY 

ANNEX

2 

WASHINGTON DC 20370-510

0

S

ELP
Docket No. 2998-01
25 February 2001

Dea

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.

Your allegations of error and injustice were

A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
20 February 2002.
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.

considered your application on

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.

The Board found that you enlisted in the Navy on 7 July 1943 for
six years at age 21.
The record reflects that from March 1943 to
October 1944 you saw extensive combat action in the Pacific which
included operations at Palau, Yap, and Ulithi; the capture and
occupation of the  
the second battle of the Philippines.
machinist mate third class on 1 January 1945.

Marianas; strikes at Formosa and Okinawa; and

You were advanced to

The record further reflects that on 18 May 1945, you were a
survivor when your ship, the USS LONGSHAW, was destroyed due to
enemy action while it was grounded on Ose Reef, Okinawa.
There is no evidence in available medical records that you
received treatment for any injuries suffered as result of this
enemy action.

On 6 August 1946 you were convicted by general court-martial
of desertion in time of war from 30 November 1945 to 29 June
1946.

You were  sentenced to confinement at hard labor for three

years and seven months, total forfeitures, reduction in rate to
apprentice seaman, and a dishonorable discharge.
On 15 August
1945, the period of confinement and forfeitures were reduced to
three years in view of clemency recommended by four members of
the court.
On 18 October 1946 the Chief of Naval Personnel in a letter to
your congressman, stated that because of your fine battle record,
it had been recommended to the Secretary of the Navy that the
sentence adjudged by the general court-martial be remitted
entirely in order that, as a separate and distinct action, you
could be discharged from the Naval service under honorable
conditions.
recommendation on 18 November 1946 and you received a general
discharge on 28 February 1947.

The acting Secretary of the Navy approved that

The Navy and Marine Corps Awards Manual provides that in order to
be eligible for the Purple Heart Medal, an individual must have
been wounded as a direct or indirect result of enemy action.
Board conducted a careful search of available records, including
those of the Department of Veteran Affairs, for any evidence
which would show that your hearing loss was due to injuries
received in combat.
at the time your ship was sunk by enemy action.
determined on 27 March 2001 your bilateral sensorineural hearing
loss was service-connected due to being exposed to acoustic
trauma in the form of noise from Naval guns and explosions when
your ship was sunk,
the hearing loss does not meet the criteria
for the Purple Heart Medal.
Absent evidence that the hearing
loss was caused by wounds received in combat, there is no basis
for awarding the medal.
Accordingly, your application has been
denied.
The names and votes of the members of the panel will be
furnished upon request.

However, there are no records of treatment

The

Although the DVA

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.

You are entitled to have

Sincerely,

W. DEAN PFEIFFER
Executive Director

2



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