DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8393-01
28 August 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 28 August 2002.
injustice were reviewed in accordance with administrative
regulations and
Board.
your application,
thereof,
and policies.
opinion furnished by the Chief of Naval Operations dated 21 June
2002, a copy of which is attached.
procedures.applicable to the proceedings of this
Documentary material considered by the Board consisted of
together with all material submitted in support
Your allegations of error and
your naval record and applicable statutes, regulations
In addition, the Board considered the advisory
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.
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.
YOU are entitled to have the
.
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
OFFICE OF THE CHIEF OF NAVAL OPERATION
DEPARTMENT OF THE NAV
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2000 NAVY PENTAGO
WASHINGTON. D.C. 20350-200
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(b),
2.
r-cccived to his
arm while aboard the USS MELVIN when
by a fragment of jagged steel from the mines that were exploded by
gunfire from
is requesting a Purple Heart for an injury he
hit
tile destroyers.
r-ight upper
’
13ot_h the Chief of
Naval Operations and Secretary of the Navy
3.
Awards Sections have reviewed this case and concur with the previous
decision of
injuries were not at the hands of the
enemy in action at the time of accident.
PERS-313E not to issue the Purple Heart.
enemy nor were they engaging the
4.
However,
*Irere able to make an eligibility determination
we
be'nalf under Public Law 106-65 for the retroactive Combat
is~
The Chief of Nava
forward under separate cove_- the CAR to
service during World War II.
(CAR).
pleased to
for his combat
Chief of Naval Operations
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