DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8785-08
1 October 2008
This is in reference to your request for further consideration of
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, reconsidered your
application on 10 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.
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.
The Board found that you enlisted in the Marine Corps Reserve on
9 September 1943. On or about 15 September 1944, during the
Battle of Peleliu, your best friend was killed by sniper fire.
In your own words, you became hysterical upon his death, and were
sent to the nearest aid station. You did not turn yourself in
for treatment at the aid station, but returned to your unit.
Several days later, your commanding officer told you to return to
the aid station, and you returned to the aid station on 18
September 1944. A pre-printed medical form that was completed on
that date contains the printed words “Wounded in action”, as well
as the typewritten words “HEAT EXHAUSTION”. A medical history
form which covers the 18-24 September 1944 period, when you were
assigned to the USS Leedstown for treatment and disposition,
indicates that you were injured while engaged in the invasion and
occupation of “Palau”. It is noteworthy that the word “injured”
was substituted for “wounded” on the prepared form. You reported
feeling feverish and nauseated, and were given a diagnosis of
heat exhaustion. You were treated with salt tablets, forced
fluids and bed rest, and ultimately returned to duty on 24
September 1944. There is no mention of a concussion or blast
injury in either of those medical entries.
A medical history entry dated 17 May 1945 indicates that you
arrived onboard the U.S.S. Samaritan on that date with a
diagnosis of “FATIGUE, COMBAT”. An entry dated 29 July 1945
confirms the diagnosis of combat fatigue, and states, in part,
“Peleliu for 3 days-not injured. Okinawa for 47 days, not
physically injured” (emphasis added), and “Knocked down by large
explosion at some distance, knocked down but not unconscious. No
serious complaints now”. On 11 September 1945, a board of medical
survey determined that you were unfit for further service due to
“Psychoneurosis Otherwise Unclassified”, which was incurred in
the line of duty. You were honorably discharged from the Navy on
26 October 1945, pursuant to the approved findings and
recommendation of the board of medical survey. The honorable
discharge certificate you were issued on that date, which you
signed and to which you affixed the print of your right index
finger, contains the following entry:: “Wounds received in
service: None”. The certificate also shows that you were awarded
the Honorable Service Lapel Button. It does not show that you
were awarded the Purple Heart.
The Board was not persuaded that you suffered a Significant blast
injury/concussion while engaged in combat on Peleliu Island in
1944. The Board noted that in order to qualify for the award of a
Purple Heart, a service member must sustain an injury that
requires treatment by a medical officer at the time the injury
occurred. The belated entry in your record concerning a
“concussion reaction” was not made at the time of the alleged
injury, and there is no indication in the record that you
required treatment by a medical officer at the time the alleged
injury occurred. The newspaper article and picture of yourself
you submitted in support of your application do not establish
that you were wounded in action. The pre-printed medical record
entry dated 18 September 1944 is of no probative value, as a
typewritten entry was added to the form to show that you were
suffering from heat exhaustion, rather than a wound. The medical
history entry dated 24 September 1944, which also appears to bea
pre-prepared form, is more explicit. The word “wounded” was
crossed out, “injured” was substituted, and a diagnosis of heat
exhaustion was added to the prepared form. It is likely that
numerous copies of each of those forms were prepared in
anticipation of heavy casualties, and that the copies of the
forms filed in your record were tailored to reflect that you
suffered a heat injury rather than a wound. The medical record
entry dated 29 July 1945 suggests that you reported that you had
not been injured while serving on Peleliu, and that there was no
evidence to the contrary in your record. The report of the board
of medical survey which found you unfit for duty does not
indicate that you were wounded in action, and you did not submit
a statement in rebuttal thereto, despite being given the
opportunity to do so.
In view of the foregoing, 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,
W. DEAN PFEIL
Executive Di
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