DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION GF NAVAL RECORGERE
2 NAVY ANNEX Docket No. 07371-0989
WASHINGTON DC 20370-5100 31 August 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 20 August 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, the Board carefully
considered your contentions and the statements you submitted in
support of your application, but found those matters
insufficient to demonstrate that you were wounded in 1944 under
circumstances that would entitle you to the Purple Heart.
In order to become entitled to the Purple Heart you must
demonstrate that you were wounded in action, and that the wound
required treatment by a medical officer at the time it was
sustained. The two witness statements you submitted in support
of your application indicate that you sustained unspecified
injuries during the battle of Leyte Gulf and/or the invasion of
the Philippines. The statements are very general in nature, and
neither statement establishes that you sustained a wound that
required treatment by a medical officer.
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 PPE Ri
Executive Diredko
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