DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7954-07
14 July 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 9 July 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 3 April
2008, 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.
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
' 3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO:
1650
MMMA-3
3 Apr 08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
ADVISORY OPINION IN THE CASE OF FORMER
ina aie I Ria, SFORMER MARINE
Subj: REQUEST FOR
CT
1. During the periode if @ served in the Marine Corps, the
Purple Heart 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 or an opposing armed force of a foreign country in which
the Armed Forces of the United States was engaged. Verification of
entitlement must be made by official entries in the service or medical
records and/or casualty reports.
2. A review of his service and medical records, and the records at
this Headquarters failed to reveal any evidence that he received
shrapnel wounds to his right knee cap as a direct or indirect result
of enemy action in Vietnam. Therefore, he is not entitled to a Purple
Heart award.
3. We regret a more favorable response is not possible. We have not
taken equest lightly. We realize how important this
award is to him, but without official documentation, there is no
further action that can be taken. Complete documentation is required
in order to preserve both the meaning of the award and the integrity
of the awards system.
4. Point of contact at MMMA is Ms. D. McKinnon at (703) 784-9340.
IJ
W. FREUND
Head, Military Awards Branch
NAVY | BCNR | CY2002 | 02593-02
Our most recent reply is the Purple Heart Medal is not awarded for Combat Without the required two eyewitness statements to forwarded as enclosure (2). if he can provide the required two As previously stated, records fail to Without these : _. . ’ served in the Marine Corps, the During the perio Purple Heart was authorized for award to those who were wounded .as a direct result of action by an enemy of the United or injured States or an opposing armed force of a foreign county in which the.Armed.
NAVY | BCNR | CY2007 | 06816-07
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...
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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:...
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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.
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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. 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...
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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. VlRGlNlA 22134-510 3 IN REPLY REFER TO: ’ 165 0 MMMA-3 17SepOl MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) Subj: FOR ADVISORY OPINION(S) IN THE CASE OF FORMER MARINE Encl: (1) Copy of MMMA memo of 17 Sep 01 1. During the period he served in the Marine Corps, the Purple 2.
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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...
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Sincerely, W. DEAN PFEIFFER Executive Director 2 DEPARTMENT OF THE NAV HEADQUARTERS UNITED STATES MARINE CORPS ROA D 3280 RUSSELL QUANTICO, VIRGINIA 22134-51 0 Y 3 IN REPLY REFER TO: 1650 MMMA-3 30ctOl MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) Subj: ADVISORY OPINION(S) IN THE CASE OF FORMER MARINE During the period he served in the Marine Corps, the Purple 1. a review of his service and medical records, Since there is no indication in the records of...
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