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NAVY | BCNR | CY2007 | 01354-07
Original file (01354-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100



 JRE
 Docket No. 01354-07
14 December 2007





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 13 December 2007. 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 with regard to the denial of your request for combat-related special compensation for a disability of your cervical and lumbar spine, which you contend was caused by an injury that occurred in 1965, •for which you were awarded the Purple Heart.
The Board was unable to substantiate your contention. it found that you were a patient in a Naval hospital from 13 July to 17 August 1966 for treatment of a fracture of the anterior, superior lip of the L-2 vertebra, On 26 March 1975, you were awarded the Purple Heart with gold star in lieu of second award
 for wounds received in March and April 1966. The available records do not show the nature of those wounds or the reasons for the delay in awarding the Purple Heart.







The Board noted that falling from a building while installing an antenna would not normally be considered a combat-related event, even if the building is located in a war zone, and injuries incurred in such an event would not meet the criteria for the award of a Purple Heart.
In view of the foregoing, 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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