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
NAVY | BCNR | CY2002 | 02997-01
In addition, the Board considered the advisory opinion furnished by CNO dated 27 December 200 which is attached. Documentary material considered by the Board 1, a copy of 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 warranting approval of your request to award you the Purple Heart Medal. D.C. 20350-200 N 0 IN REPLY REFER T...
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Copies of these replies are forwarded as Enclosure (3) is a copy of a letter forwarded 1993 regarding his entitlement to (1) and (2) _ During the period he served in the Marine Corps, the Purple Heart 2. 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. and enlisted Marines who were assigned to his former unit...
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Our most recent reply is the Purple Heart Medal is not awarded for Combat Without the required two eyewitness statements to forwarded as enclosure (2). if he can provide the required two As previously stated, records fail to Without these : _. . ’ served in the Marine Corps, the During the perio Purple Heart was authorized for award to those who were wounded .as a direct result of action by an enemy of the United or injured States or an opposing armed force of a foreign county in which the.Armed.
NAVY | BCNR | CY2001 | 06007-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your application on 27 June 2001. 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. In addition, the Board considered the advisory opion furnished by the Chief of Naval Operations dated 9 April 2001, a copy of which is attached.
NAVY | BCNR | CY2002 | 01431-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2003. 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. The Navy Department Board of Decorations and Medals reviewed Mr. -petition for a Purple Heart.
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