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
NAVY | BCNR | CY2002 | 02593-02
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.
NAVY | BCNR | CY2002 | 05566-01
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.
NAVY | BCNR | CY2001 | 07949-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. opinion furnished by the Military Awards Branch, Headquarters, Marine Corps, dated 27 April 2000, Documentary material considered by the Board consisted of together with all material submitted in support Your allegations of...
NAVY | BCNR | CY2000 | 07733-00
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...
NAVY | BCNR | CY2001 | 04224-01
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.
NAVY | BCNR | CY2002 | 06639-01
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...
NAVY | BCNR | CY2001 | 01074-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. opinion furnished by Headquarters Marine Corps dated 2001, a copy of which is attached. they were not present and cannot attest Statements from which would qualify him for the Purple Since there is no indication in the...
NAVY | BCNR | CY2001 | 00177-01
Sincerely, W. DEAN PFEIFFER Executive Director 2 DEPARTMENT OF THE NAV HEADQUARTERS UNITED STATES MARINE CORPS ROA D 3280 RUSSELL QUANTICO, VIRGINIA 22134-51 0 Y 3 IN REPLY REFER TO: 1650 MMMA-3 30ctOl MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) Subj: ADVISORY OPINION(S) IN THE CASE OF FORMER MARINE During the period he served in the Marine Corps, the Purple 1. a review of his service and medical records, Since there is no indication in the records of...
NAVY | BCNR | CY2001 | 04968-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 August 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. opinion furnished by Headquarters Marine Corps dated 9 July 2001, a copy of which is attached. of the officers and enlisted Marines who were assigned to his former unit by requesting copies of the unit rosters for...
NAVY | BCNR | CY2001 | 07402-01
In this connection, the Board substantially 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. VIRGINIA 221 34-51 0 Y 3 IN REPLY REFER TO: 1650 MMMA-3 8NovOl MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECO RDS (BCNR) Subj: R ADVISORY OPINION(S) IN THE CASE OF‘ FORMER MARINE During the period he served in the Marine Corps, the Purple 1. Heart...