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NAVY | BCNR | CY2002 | 04368-02
Original file (04368-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

CRS
Docket No: 4368-02
21 January 2003

 

 

emstianieniaaiiae

This is in o"puraver to your application for correction of your

t to the provisions of Title 10, United
1552.

naval record pursua
States Code, Sectio
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 January 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.

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 Naval Reserve on 3
December 1943 and immediately began a period of extended active
duty. Subsequently, you were assigned to the USS BETELGEUSE (AKA
11).

From 1 to 9 April 1945 BETELGEUSE supported combat operations on
the island of Okinawa. In his war diary for the month of April
1945, the commanding officer (CO) of BETELGEUSE reported, in
part, as follows:

Five minor casualties were sustained aboard ship from
shrapnel from other ships. On the night of 1 April, during
retirement, two men were hit by shrapnel from a 5" burst.
It was observed that the target in this case was another 5"
burst. No enemy planes were in the immediate area. On the
afternoon of 7 April, three men on the after 40mm gun deck
were injured by a spent 20mm falling on deck and exploding.
The target in this case was a friendly plane attempting to

land on Yontan airstrip.
In his diary, the CO did not mention the names of any of the
individuals who were wounded or injured during this period.
However, he did state that on 7 April 1945, BETELGEUSE shot down
a Japanese bomber, which crashed about 600 yards away from the
ship. The diary is corroborated to some extent by the ship’s
log, although the log indicates that this incident took place on
6 April 1945.

You then served without incident until your honorable discharge
on 19 April 1946. At that time, you signed a "Notice of
Separation From Naval Service, which sets forth several awards
and decorations to which you were entitled, but does not mention

the Purple Heart.

In your application, you contend that you were wounded on 6 April
1945 during a kamikaze attack on BETELGEUSE. In support of that
contention, you have submitted statements from three fellow
Sailors who corroborate your version of events. Further, you
have submitted evidence to show that you have a foreign body in
your right pelvis which is consistent with a bullet.

After careful and conscientious consideration of the entire
record, the Board found insufficient evidence to warrant the
award of the Purple Heart. First, the CO’s diary reflects that
only five individuals were injured during the period 1-9 April
1945, and none of them were hurt during combat operations--a
requirement for the award of the Purple Heart. Further, there is
no indication that anyone aboard BETELGEUSE was wounded or
injured during the incident of 6 or 7 April 1945. In this
regard, the Board could not help but note that one of the
supporting statements indicates that the kamikaze "went into the
water beside us," but the CO clearly states in his diary that the
plane crashed "about 600 yards offf our starboard quarter .. ."
Additionally, you knew at the time of your separation that your
record did not reflect the award of the Purple Heart.
Nevertheless, you made no attempt to secure this award until many
years later.

Additionally, the Department of Veterans Affairs noted as follows
in its decisional document of 13 August 2002:

(Your) medical records are completely negative regarding
any evidence of complaints of or treatment for a gunshot or
shrapnel wound. Service discharge examination makes no
mention of any history of inservice gunshot or shrapnel
injury and the examination conducted at that time does not
show any residual of such injury.

The foregoing is very significant since it tends to show that you
were not injured or wounded as you contend or, even if you were,
the injury was so minor that it did not require medical
treatment--a requirement for the award of the Purple Heart.

2
Accordingly, 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,

W. DEAN PFEIFFER
Executive Director

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