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NAVY | BCNR | CY2005 | 07283-05
Original file (07283-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
          2 NAVY ANNEX    
         WASHINGTON DC 20370-5100        


TRG
Docket No: 7283-05
26 April 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Subj: RECORD OF

 Ref:     (a) Title 10 U.S.C. 1552

End:     (1) Case Summary
(2) Subjects naval record
1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps Reserve, filed an application with this Board requesting that his record be corrected to show that he was awarded the Purple Heart.

2. The Board, consisting of Mr. Mr. reviewed Petitioner’s allegations of error and injustice on 11 April 2006 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.

3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:

 a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.
b. Although it appears that Petitioner’s application was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and consider the application on its merits.
c. Petitioner enlisted in the Marine Corps Reserve on 11 November 1942 at age 18 and spent several years in the Pacific Area of Operations. On 31 October 1943 he participated in the
 initial landing on Bougainville in the Solomon Islands. Subsequently, he participated in the initial occupation of Japan. On 6 August 1945 he was promoted to staff sergeant. He was honorably discharged on 21 December 1945.

 d. Petitioner states he received a concussion as a result of his proximity to enemy shells while on Bougainvjlle Island. A concussion to the head is documented by two entries in his medical record. In one entry, dated 24 November 1943, he is diagnosed with “shock”. This entry also states “Patient is said to have mild blast concussion due to proximity of enemy shells,” and indicates that he was provided sedation. The other entry, also dated 24 November 1943 states that the diagnosis was shock and notes that he was being transferred. Petitioner has also provided a copy of the current Army regulation which states that the Purple Heart can be awarded for “concussions injuries caused as a result of enemy generated explosions.
e. The Department of the Navy regulations in effect at the time state that the Purple Heart should be awarded to individuals who are “wounded in action against an enemy of the United States, or as a result of an act of such enemy, provided such would necessitates treatment by a medical officer.” The regulations further state, in part, as follows:
... For the purposes of awarding the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as a result of a hostile act of the enemy or while in action in face of the enemy.
A concussion, when used in the context of a head injury, is defined as a jarring injury of the brain causing a disturbance of cerebral function.

f. Attached to enclosure (1) is an advisory opinion from the Military Awards Branch, Headquarters Marine Corps which states, in part, as follows:
...During the period (Petitioner) served in the Marine Corps, the Purple Heart Medal was authorized for award to those who were wounded or injured as a direct or indirect 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. Verification of entitlement must be made by official entries in (Petitioner’s) service record, medical record, or casualty reports.
...A thorough review of (Petitioner’s) service record, the records of this Headquarters, and the medical documentation provided failed to substantiate his entitlement to a Purple Heard Medal. Specifically, on the incident that occurred on November 24, 1943, (he)


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was diagnosed as being in “shock”.
Due to (Petitioner’s) official diagnosis of “shock” and the fact that there is no indication in his records that he was ever injured under conditions which would qualify for the Purple Heart Medal, the Military Awards Branch recommends that the Board for Correction of Naval Records determines (sic) (that he is) ineligible for the award of the Purple Heart Medal.
CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. The Board notes that he was diagnosed with shock, apparently sustained as a result of a concussion due to enemy shelling. Since a concussion is caused by an injury to the brain, the Board concludes that the entries in the medical record show that Petitioner was wounded or injured as a result of enemy action. Therefore, these entries are sufficient to support the award of the Purple Heart and, given the passage of time, the lack of other documentation should not be held against him.

The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand that Petitioner is entitled to the Purple Heart.

RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show that he
was awarded the Purple Heart for his injury which occurred on 24
November 1943.

b. That this Report of Proceedings be filed in Petitioner’s naval record.

4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.



 ROBERT D. ZSALMAN ALAN E. GOLDSMITH
 Recorder         Acting Recorder
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5. The foregoing report of the Board is submitted for your review and action.




Reviewed and approved:
Robert T. Call
 Assistant General Counsel
 Manpower and Reserve AffalrS~



































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