DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3055-03
4 August 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 30 July 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, your naval record and applicable statutes, regulations
and policies.
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.
The Board found that you enlisted in the Marine Corps on 24
August 1950. You served in Korea during the Korean Conflict. On
29 February 1952 you received an honorable discharge by reason of
expiration of term of service. On 10 December 2002 the
Department of Veterans Affairs reviewed your records for
frostbite to the hands and feet.
After careful and conscientious consideration of the entire
record, the Board found insufficient evidence to support your
claim of frostbite for an award of the Purple Heart. The Purple
Heart is only authorized for members who are wounded or injured
as a direct result of action by an enemy of the United States.
Since there is no evidence of such a wound or injury in your
record, you are not entitled to the Purple Heart. 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
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