DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5566-01
18 September 2002
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 18 September 2002.
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 2 July 2002,
a copy of which is attached.
In addition, the Board considered the advisory
Your allegations of error and
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.
The names and
votes of the members of the panel will be furnished upon request.
In this connection, the Board substantially
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
2
HEADQUARTERS
3280
OUANTICO.
DEPARTMENT OF THE NAVY
“NlTED STATES
R O A D
VIRGIN,* 22134.5 10
MARINC CORPS
RUSSELL
3
MMMA-3
2Ju102
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS (BCNR)
Subj:
REQUEST FOR ADVISORY OPINION(S) IN THE CASE OF
m, FORMER MARINE
During the period he served in the Marine Corps, the Purple Heart
1.
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.
Regrettably, a review of his service and medical records, and the
2.
records at this Headquarters failed to reveal any evidence that the
enemy wounded him in action.
provided dated August 16, 1967 is an after the fact treatment and
cannot be accepted as sole evidence for a Purple Heart Medal since the
doctors statement is based on-what Mr.
August 12, 1967.
The copy from his medical record that he
told him happened on
regulations require that he obtain eyewitness
The eyewitness statements can be from the medical
Since there is no indication in the records of the circumstances
3.
that he was injured under conditions, which would qualify him for the
Purple Heart award,
statements.
personnel who treated him in the field or two other personnel who were
Statements should contain the
present at the time he was injured.
time, place, medical attention received, and verification that the
If he can provide the
injury was a direct result of enemy action.
above information,
injured his finger,
request.
which describes the situation involved when he
further consideration will be given to his
4.
While it is understandable that anyone who is injured or dies
during combat operations would appear to be entitled to the Purple
Heart Medal, there must be a direct cause and effect relationship to
Thus, the injury or wound must have been
establish eligibility.
While we do not intend to challenge the
caused by enemy action.
veracity of his statement concerning the injury, it is absolutely
necessary that some official documentation be provided to verify his
entitlement.
I realize that it
5.
statements due to the length of time that has
Headquarters is keenly aware of the fact that
many cases of Marines who sustained injuries,
Nil1 be difficult to obtain eyewitness
This
elapsed.
there are undoubtedly
which might qualify them
for the Purple Heart.
the eyewitness statements are required.
In those cases, which cannot be so verified,
This Headquarters does not maintain a listing of former Marines
6 .
and their addresses.
and enlisted Marines who were assigned to his former unit by
requesting copies of the unit rosters for the period in ques
the following address:
However, he may obtain a listing of the officers
tion
f
ronl
Headquarters United States Marine Corps
Manpower and Reserve Affairs
2008 Elliott Road (Code MMSB)
Quantico, VA 22134-5103
7.
Should he be able to obtain the names of former Marines that were
eyewitness to his injury, he may request assistance in locating them
from the below listed organizations:
Mail Call Editor
Leatherneck Magazine
P-0. Box 1977
Quantico, VA 22134
Telephone:
E-Mail:
l-800-336-029.&
leatherneck@mca-marines.org
Vietnam Veterans of America, Inc.
Vietnam Locator
8605 Cameron Street, Suite 400
Silver Spring, MD
ATTN: Mokie Porter
Telephone:
Fax:
E-Mail:
(301) 585-0519
www.wa.org
(301) 585-4000
20910
I regret that a more favorable reply is not possible and I realize
8 .
that the decision is not what he expected.
his contributions to this Country and Corps.
In no way does it diminish
9.
A point of contact at
MMMA is Captain Michael at 784-9210.
By direction
2
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