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Decision Text

NAVY | BCNR | CY2003 | 00797-03
Original file (00797-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  CORRECTION  OF  NAVAL  RECORDS 

2  NAVY  ANNEX 

WASHINGTON  DC  20370-5100 

CRS 
Docket No:  797-03 
29 May 2003 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of title 10 of the 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 May  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, applicable statutes, regulations and policies.  In 
addition, the Board considered the prior letter to your 
Congressman from the Awards Branch, Chief of Naval Operations 
dated 20 May 2002, 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.  In this connection, the Board substantially 
concurred with the comments contained in the letter. 
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 

Enclosure 
Copy to: 

DEPARTMENT OF  THE  NAVY 
OFFICE OF THE  CHIEF OF  NAVAL OPERATIONS 

2 0 0 0   NAVY  PENTAGON 

WASHINGTON.  D.C.  20310-2000 

IN REPLY  REFER TO 
Ser 09B13/2U516387 
7 May 2002 

.. 

. This is in response to-your letter on behalf of your constituent, 

concerning eligibility to the Purple Heart for 
saltwater sores he received in the waters of the Pacific Ocean after 
the USS GAMBIER BAY  ( W E  73) was sunk during World War 11. 

Before the Purple Heart can be awarded, there must be adequate 

documentation that a World War I1 veteran was wounded as a direct 
result of enemy action and that such a wound required medicak 
treatment. ---'saltwater 
surgery were not incurred as a direct result of enemy action. 

sores which were later removed by 

While the requirements that the injury sustained must be as a 

direct result of enemy action (inflicted upon by the enemy), we 
consider it essential to maintaining the integrity of this important 
decoration.  Being injured during war/combat operations and requiring 
medical treatment in itself does not justify the awarding of the 
Purple Heart. 

In view of the above, I regret that the Purple Heart may not be 

r~~iiiiia~ion undel- Public Law 10 6 -65 for the re troactli ve  Combat 

authorized.  However, we were able to make an eligibility 
det; - .  .  . 
Action Ribbon.  The Chief of Naval Operations is pleased to enclose 
the CAR for delivery to ,
 
War 11. 

his combat, service during World 

o

r

If I may be of further assistance, please 1e.t me know. 

Enclosure 

Chief of Naval Operations 



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