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NAVY | BCNR | CY2007 | 03724-07
Original file (03724-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100@°RS
Docket No: 3724-07
13 May 2008

 

 

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 May 2008. 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 12 June
2007, 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.
In addition, there is no evidence in your record that you were
promoted to sergeant. Accordingly, your application has been
denied. The names and votes of the members of the panel will be

furnished upon request.

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,

anno eee
ROBERT D. SALMAN
Acting Executive Director

Enclosure
DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD

QUANTICO, VA 22134-5103

IN REPLY REFER TO:

 

1650
MMMA - 2
12 Jun 07

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS, 2 NAVY ANNEX, WASHINGTON, DC 20390-5100

From: Commandant of the Marine Corps

 

Subj: COMMENTS ON BCNR APPLICATION IN THE CASE OF

 
 
   
 

1. DISCUSSION: During the period _————i A served in the Marine Corps,
rd to those who were wounded

the Purple Heart Medal was authorized or awa
by an enemy of the United

as a direct or indirect result of action

States. Verification of entitlement must be made by official entries in
his service record, medical record, or casualty reports. A thorough
fiigemedical record and the records at this Headquarters

titled to a Purple Heart Medal.

   
 

 

review of q
revealed he is not en

Since there is no indication in his records that he
qualify him for the Purple Heart

is not eligible for the Purple

2. RECOMMENDATION:

 

was injured under conditions which would
Medal, it has been determined that he

Heart Medal.

   

LieutenaRE Colonel
Assistant Head, Military Awards Branch

By direction of the
Commandant of the Marine Corps

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