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NAVY | BCNR | CY2006 | 05280-06
Original file (05280-06.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS

Docket No: 5280-06
3 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 7 September 2006. Your allegations of error and

your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.

15 February 1967, while in Vietnam, you had an accident and fell
from the elevated undercarriage of a vehicle and landed face
down, causing lacerations to your face and lips and damaging two
teeth. Subsequently, on 22 April 1968 you were honorably
released from active duty and transferred to the Navy Reserve.

Concerning your request for the award of the Purple Heart, this
award is authorized only for members who are wounded as a direct
or indirect result or of action by an enemy of the United States.
Since the evidence shows that you were not wounded as a result of
enemy action, 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,

\PQud

W. DEAN PFEIF
Executive Dire

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