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NAVY | BCNR | CY2006 | 05347-06
Original file (05347-06.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY   -
                                     BOARD FOR CORRECTIONOF NAVAL RECORDS
                                             2 NAVY ANNEX
                                              WASHINGTON DC 20370-51 00

                                                                                 TRG
 Docket No: 0 5347-06
 3 November 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 31 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 a letter dated 10 January 2006 which was furnished by Headquarters Marine Corps, a copy of which is enclosed. This letter is considered to be an advisory opinion on the merits of your case.
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. EAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
        
                                    IN REPLY REFEP TO:
                                                                                           1650 MMMA —2
                                                                                         10 Jan 06



This responds to your inquiry concerning eligibility for a Purple Heart Medal. Your correspondence addressed to the Board for Correction of Naval Records, Washington, DC, was forwarded to the Military Awards Branch for a reply. I regret the delay in responding to your inquiry.
A review of your records revealed that this Headquarters previously responded to you concerning the Purple Heart Medal on August 7, 1951. Additionally, the Bureau of Naval Personnel informed you on June 24, 1992, and March 8, 1995, that there was no evidence in your records that you were ever injured under conditions which would qualify for the Purple Heart Medal.
During the period that you 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 your service record, medical record, or casualty reports.
A thorough review of your medical record and the records at this Headquarters failed to reveal any documentation to substantiate your entitlement to a Purple Heart Medal. Although initially listed as being wounded in action on July 21, 1944, competent authority at the time subsequently deleted your name from the list. Therefore, since there is no indication in your records that you were ever injured under conditions which would qualify you for the Purple Heart Medal, it has been determined that you are not eligible for the award of the Purple Heart Medal.
A copy of this letter has been filed in your official military record, which will be returned to the National Personnel Records Center. Any further inquiries should be directed to:
Navy Personnel Command
Retired Records Section
PERS 312D2, Room 5409
9700 Page Avenue
St. Louis, Missouri 63132
Sincerely,
 Lieutenant Colonel, U.S. Marine Corps
 Acting Head, Military Awards Branch
By direction of the
Commandant of the Marine Corps

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