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NAVY | BCNR | CY2006 | 01455-06
Original file (01455-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX   
WASHINGTON DC 20370-51


CRS
D ocket No: 1455—06
 18 October 2006


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 18 October 2006. 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. In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 19 April 2006, 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 advisory opinion. 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
DEPARTMENT OF THE NAVY
        HEADQUARTERS UNITED STATES MARINE CORPS
         3280 RUSSELL ROAD
 —        QUANTICO, VIRGINIA 22134-5103



         IN REPLY REFER TO.
 1650
 MMMA -2
19 APR 06

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS, 2 NAVY ANNEX, WASHINGTON, DC
20370—5100


 Subj:    REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF


1.       During the period that ____ 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. Verification of entitlement must be made by official entries in the service record, medical record, or casualty reports.
2.       Although on 5 April 1968 the Commanding General of First Marine Division approved the awarding of the Purple Heart to - a subsequent letter filed in his record, dated 20 Apr 19 ~~óm the Commanding General of First Marine Division, indicates that the award was rescinded. The letter reports that the original injury was noted erroneously as a result of hostile action.
3. There is no further evidence in records to substantiate a claim to the Purple Heart Merit I t is the opinion of this Headquarters that do es n’t not rate t h e Purple Heart Meda l
4 If there are any questions please contact at Commercial: (703)784-9342/43 or DSN: 278—9342/43.



Actin g H ead, Military Awards Branch
Headquarters Marine Corps

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