DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ‘
WASHINGTON DC 20370-5100
HD: hd
Docket No, 09061-09
12 December 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: Sig ;
REVIEW 0
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 24 Feb 09 w/attachments
(2) Bd of Decorations & Medals itr dtd 23 Oct 09
w/encls (2) and (8)
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject's
nephew, hereinafter referred to as Petitioner, filed enclosure
(1) with this Board, requesting, in effect, that the applicable
naval record be corrected to show Subject has been awarded the
Purple Heart and Prisoner of War Medal.
2. The Board, consisting of Messrs. Garst, Leeman and Mann,
reviewed Petitioner's allegations of error and injustice on
10 December 2009, and pursuant to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and injustice,
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. In correspondence attached as enclosure (2), the Board
of Decorations and Medals commented to the effect Petitioner's
record should reflect he was awarded not only the Purple Heart
and Prisoner of War Medal, but also the World War II Victory
Medal, American Campaign Medal, Combat Action Ribbon and
Philippine Liberation Ribbon.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an error and injustice warranting the
following corrective action.
RECOMMENDATION :
a. That Subject's naval record be corrected, where
appropriate, to show he was awarded the following:
(1) Purple Heart
(2) Prisoner of War Medal
(3) World War II Victory Medal
(4) American Campaign Medal
(5) Combat Action Ribbon
(6) Philippine Liberation Ribbon
The Board's staff will send Petitioner the decorations and medal
to which he is entitled, except the Philippine Liberation Ribbon
(guidelines for purchasing this ribbon are in enclosure (8) to
the advisory opinion at enclosure (2)).
b. That any material or entries inconsistent with the
Board's recommendation be corrected, removed or completely
expunged from Petitioner's record and that no such entries or
material be added to the record in the future.
c. That a copy of this Report of Proceedings be filed at an
appropriate location in Petitioner's naval record, and that
another copy of this report he returned to this Board, together
with any material directed to be removed from Petitioner's
record, for retention in a confidential file maintained for such
purpose.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board's review and deliberations, and that the
foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
Ly
W. DEAN
Executive ector
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