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NAVY | BCNR | CY2002 | 06676-01
Original file (06676-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX

NAVY 

2 

WASHINGTON DC

 

20370-5100

S
CRS
Docket No: 6676-01
22 February 2002

Dear
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 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.
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 the Awards Branch,
dated 2 October 2001, 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.
The names and
votes of the members of the panel will be furnished upon request.
It is 
favorable 
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 addition, the Board considered the advisory

regretted,that the circumstances of your case are such that

actionlcannot be taken.

Headquarters Marine Corps

In this connection, the Board substantially

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 NAV

HEADQUARTERS UNITED STATES MARINE CORPS
D

3280 RUSSELL ROA

QUANTICO.  VIRGINIA 221 34-51 0

Y

3

1650
MMMJ-3
20ctOl

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS  

(BCNR)

Subj:

REQUEST FOR ADVISORY OPINION(S) IN THE CASE OF

FORMER MARINE

During the period he served in the Marine Corps, the Purple

1.
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.

Regrettably, a review of his service and medical records,

2.
and the records at this Headquarters fails to reveal any
documentation to substantiate his entitlement to the Purple
Heart award.
dropped a piece of sheet medal on his foot, was determined by
the Commanding General,  
would not qualify for the award of the Purple Heart.
As such
policy precludes him from being recognized with a Purple Heart.

The injury he received on October   17, 1969  when he

3'd Marine Division to be non-hostile and

I regret that a more favorable reply is not possible and I

3.
realize that the decision is not what he expected.
does it diminish his contributions to this Country and Corps.

In no way

4.

A point of contact at MMMA i

@ I 784-9210.

,



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