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NAVY | BCNR | CY2009 | 08264-09
Original file (08264-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 8264-09
19 February 2010

 

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 18 February 2010. 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 15 December
2009, 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.

Sincerely,

Ww. a F
Executive ector

Enclosure
DEPARTMENT OF ‘THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD

QUANTICO, VA 22134-5103
H IN REPLY REFER TO:
1650
MMMA-3
15 Dec 09

 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

 

Subj: REQUEST FOR ADVISORY OPINION IN THE CASE OX =p

i. A thorough review of ececords, the records at this
Headquarters, and the statements provided failed to reveal his entitlement to

the Purple Heart Medal.

 

2. SNR BRE «12s previously denied the Purple Heart by this Headquarters
on November 30, 2005. We have again reviewed his records and the statements
he provided, and the same determination has been made that he is not entitled
to a Purple Heart. The statements he submitted cannot be used as a
determining factor for a Purple Heart award. ‘The criteria for the Purple
Heart Medal: indicates that he must have been treated by a medical officer at
the time of his injury. Additionally, a minor wound not requiring treatment
by a medical officer does not’ qualify for the Purple Heart Medal. The

statements from Messrs _CAM—Ageetin anomie state that he was involved in
an ambush but did not witness how he received the injury. After the fighting

had stopped, they noticed that @MNBBMBBBA had a bandage on his hand and

returned to duty. Since they were not present with gg HEX?
Statements cannot be accepted. . 8

3. Point of contact at MMMA-3 is Mrs. D. McKinnon at (703) 784-9340.

_ bho —

E. HIMLER
Assistant Head, Military Awards Branch

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