DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10154-07
12 September 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 4 September 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 24
July 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.
The enclosed medical record entry dated 31 August 1969 was
considered insufficient to establish your entitlement to the
Purple Heart because the entry was made almost two months after
the described occurrence, and it does not appear that the entry
was based on the personal knowledge of its author. In addition,
there is no indication that you required treatment by a medical
officer, which is a requirement for the award of the Purple
Heart. 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,
Sas
W. DEAN P
Executive D Lr
Enclosure
1650
MMMA- 3
24 Jul 08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
=
OF
(ty
ENTS AND we MENDATION IN THE CASI]
Subj: REQUEST FOR COMM!
1. A thorough review of his medical records and the records at
this Headquarters fails to reveal any documentation to
substantiate his entitlement to the Purple Heart award. Since
there is no indication in the records that he was ever injured
under conditions, which would qualify him for the Purple Heart
award, regulations provide that he may obtain and submit
eyewitness statements. The eyewitness statements can be from the
medical officer who treated him in the field or two other
personnel who were present at the time he was injured. Statements
should contain the time, place, medical attention received, and
detailed verification of the circumstances of the injury and the
relation to enemy action. A Notary Public must notarize these
Statements or they will not be accepted. If he can provide the
above information, further consideration will be given to his
request. The enclosure provides information to assist him in
locating Marines from his former unit.
2. It should also be noted that a service-connected disability
does not have to be the result of enemy action. Any injury
sustained while on active duty, combat or otherwise, which results
in some valid adjudicated disability, warrants appropriate medical
care and, in some cases, compensation. Decisions and Statements
from VA doctors cannot be accepted or used as a determining factor
in this award, as they cannot attest to the circumstances involved
in the injury.
3. Point of contact at MMMA is Ms. D. McKinnon at (703) 784-9340.
C1. Winker
E. M. HENSEN
Lieutenant Colonel, USMC
Asst Head, Military Awards Branch
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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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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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YOU are entitled to have the 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 Enclosure 2 DEPARTMENT OF THE NAV Y HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VIRGINIA 221 34-51 03 IN REPLY REFER TO: 1650 MMMA-3 7AugOl MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION...
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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...