DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11813-08
1 April 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. You requested correction of
your record to show that you sustained a wound to your on 8 May
1942, and that you were awarded the Purple Heart. You contend
that you found no report of the wound in your naval record,
which you “just acquired”.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 March 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.
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 regard, it concluded that your
personal statement is insufficient to demonstrate that on 8 May
1942, you were wounded under circumstances that would entitle
you to the Purple Heart. The Board noted that you should have
been aware of the alleged deficiency in your record in 1986,
when you applied to the Veterans Administration for service
connection for injuries to your knee, arm, head and eye
sustained in 1942.
The Board also concluded that a claim for reimbursement of the
value of property lost or damaged in 1942 is not timely, and
would not be accepted by claims adjudicating authorities.
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,
«
EAN PF R
Executive or
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