Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 07772-07
Original file (07772-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 07772-07

19 February 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 14 February 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 Commandant of the Marine Corps
dated 16 October 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.
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,
(
LQ car8

W. DEAN PFE
Executive Di

 
  
 

Enclosure
1650
MMMA~2
16 Oct 07

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj: ADVISORY OPINION IN THE CASE OF @agpiiaie

Ref: (a) Request of 4 September 2007

 

1. Per the reference, pnts ssert's that should be awarded the Purple
Heart Medal for his service during Vietnam.

2. A review has been conducted of SMM medical records and records

at this Headquarters. There is no evidence to support that RES 2
ever wounded in a combat situation during Vietnam.

3. Due to the fact that there is no indication in his records that he was
ever injured under conditions which would qualify for the Purple Heart Medal,
s is not eligible for this award.

  

4. In certain cases, two explicit witness statements are allowed in lieu of
medical documentation. However, }j wees record contains only one such
statement documenting the circumstances Of the injury.

 

9. The point of contact in the Military Awards Branch is Captain gigi

at (703) 784-9342 or DSN 784-9342.
Ez T Cerca

Tenohant Colonel, U.S. Marine Corps
Assistant Head, Military Awards Branch

Similar Decisions

  • NAVY | BCNR | CY2007 | 05700-07

    Original file (05700-07.rtf) Auto-classification: Denied

    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. 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. SincerelyW.DEAN PFEIFFERExecutive DirectorEnclosure1650MMMA— 2 31 Aug 07MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD...

  • NAVY | BCNR | CY2007 | 06816-07

    Original file (06816-07.pdf) Auto-classification: Denied

    The administratively complete award recommendation package must consist of the following: (1) a Personal Award Recommendation (OPNAV 1650/3) (which includes the specific date(s) (day, month, and year) of Mr. Breidenbach's service) routed through his original chain of command for their review, comments, and recommendations; if all of the members of the chain of command are deceased, the recommending officer must include a signed statement indicating this fact, (2) a detailed summary of action...

  • NAVY | BCNR | CY2007 | 07954-07

    Original file (07954-07.pdf) Auto-classification: Denied

    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. Therefore, he is not entitled to a Purple Heart award. We realize how important this award is to him, but without official documentation, there is no further action that can be taken.

  • NAVY | BCNR | CY2007 | 10154-07

    Original file (10154-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2002 | 06639-01

    Original file (06639-01.pdf) Auto-classification: Denied

    Copies of these replies are forwarded as Enclosure (3) is a copy of a letter forwarded 1993 regarding his entitlement to (1) and (2) _ During the period he served in the Marine Corps, the Purple Heart 2. was authorized for award to those who were wounded or injured as a direct result of action by an enemy of the United States or an opposing armed force of a foreign country in which the Armed Forces of the United States was engaged. and enlisted Marines who were assigned to his former unit...

  • NAVY | BCNR | CY2007 | 03724-07

    Original file (03724-07.pdf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 12 June 2007, a copy of which is attached. 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:...

  • NAVY | BCNR | CY2001 | 01074-01

    Original file (01074-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. opinion furnished by Headquarters Marine Corps dated 2001, a copy of which is attached. they were not present and cannot attest Statements from which would qualify him for the Purple Since there is no indication in the...

  • NAVY | BCNR | CY2002 | 05566-01

    Original file (05566-01.pdf) Auto-classification: Denied

    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. opinion furnished by Headquarters Marine Corps dated 2 July 2002, a copy of which is attached. 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.

  • NAVY | BCNR | CY2002 | 04062-02

    Original file (04062-02.pdf) Auto-classification: Denied

    your application, together with all material submitted in support thereof, your naval record.and applicable statutes, regulations In addition, the Board considered the letter to and policies. including the Bronze Star Medal, However, Subtitle C, Section 526 of the National Defense provides for the consideration of award Authorization Act for Fiscal Year 1996, which was enacted into law on February 10, 1996, recommendations, you be able to locate your former commanding officer or...

  • NAVY | BCNR | CY2009 | 08264-09

    Original file (08264-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 2010. 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. The statements he submitted cannot be used as a determining factor for a Purple Heart award.