DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX.
WASHINGTON DC 20370-5100 ORS
Docket No: 6439-08
25 November 2009
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 24 November 2009. 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 13 November
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.
Sincerel
Rnclosure
1650
MMMA-3
13 Nov 08
MEMORANDUM FOR THI
CY
EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: REQUEST FOR ADVISORY OPINION IN THE CASE oF aR
Encl: Guidelines for Locating Former Marines
1. A review of i? Mi xecords revealed no indication
that he was injured wire serving in Vietnam. Since there is no
indication in the records that he was injured under conditions,
which would qualify him for the Purple Heart award, regulations
require that he obtain eyewitness statements. The eyewitness
statements can be from the medical personnel 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 verification that the injury was a
Girect result of enemy action. If he can provide the above
information, further consideration will be given to his request.
2, i realize that it will be difficult to obtain eyewitness
statements due to the length of time that has elapsed and
undoubtedly there are many cases of Marines who sustained
injuries in combat, which might qualify them for the Purple
Heart. However, verification of entitlement must be made by
official entries in the service or medical records, casualty
reports, and telegrams. In those cases which cannot be
verified, the eyewitness statements are required.
3. This Headquarters does not maintain a listing of former
Marines and their addresses. Provided as the enclosure is
guidelines for locating former Marines that he may use in his
search.
4. Point of contact foe MMMA is Mrs. D. McKinnon at 784-9340.
E. HENSEN
By aivection
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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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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...
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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.
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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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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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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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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. A review of his service and medical records, and the records at this Headquarters fails to reveal any documentation...
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opinion furnished by the Awards Branch, Headquarters Marine a copy of which is attached. by an enemy of the United A review of his service and medical records, and the records 2. at this Headquarters fails to reveal any documentation to substantiate his entitlement to the Purple Heart award. the time, place, that the injury was a direct result of enemy action.