DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 1345-15
13 February 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub]: REVIEW NAVAL RECORD OF j USMC,
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) NPRC, GSA Transmittal of and/or Entitlement to Awards,
NAR Form 569 dtd 30CT68
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting that his naval record be corrected by
reflecting the award of a Purpie Heart Medal. Enclosures (1)
through (3) apply.
2. The Board, consisting of Ms. Bianchi, Mr. Vogt, and Ms.
Wilcher, reviewed Petitioner's allegations of error and injustice
on 10 February 2015 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record. Documentary materiel considered by
the Board consisted of the enclosures, naval records, and
applicable statues, reguiations, and policies. In addition, the
Boare considered the National Personnel Records Center (NPRC}) NAR
Form 569 of 3 October 1968, a copy of which is provided in
enclosure (3}.
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. Although it appears that enclosure (1) was not filed ina
timely manner, it is in the interest of justice to waive the
Statute of limitations and review the application on its merits.
TOR
Docket No: 1145-15
ce. Although Petitioner’s official record was unavailable at
this time, the evidence of record, which includes a copy of his
Certificate of Release from Active Duty or Discharge (DD Form
214) and Correction thereto (DD Form 215) were considered by the
Board. Nonetheless, Petitioner has provided evidence, as
documented in enclosures (1) and (3), that reflects his ,
entitlement to a Purple Heart Medal as a result of being wounde
by the enemy while serving in the Republic Of Vietnam (RVN).
Further evidence also includes an excerpt from a cruise book, a
photograph of the Purple Heart Medal which bears Petitioner's
name, two quasi-affidavits that state in part, that Petitioner's
receipt of the Purple Heart Medal had been witnessed, and a copy
of a letter sent to Petitioner’s parents dated 8 October 1965,
which states that he received the Purple Heart Medal, {1.e., “Oh”
yes I guess I’ll tell you now that I got a Purple Heart).
d. Petitioner has been awarded the Purple Heart Medal and has
it in his possession. His request is solely for the record to
reflect that he received the medal.
CONCLUSION:
‘Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. However, since the only document available at this time
to correct, in the absence of Petitioner’s official record, is
the DD Form 214, the Board concludes that a DD Form 215 should be
issued to reflect that he was awarded a Purple Heart Medal.
In view of the foregoing, the Board finds the existence of an
error and injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner be issued a DD Form 215 which reflects
that he was awarded a Purple Heart Medal.
b. That Petitioner's naval record be corrected, when
available, by showing that he was awarded a Purple Heart Medal.
¢. That any and all materials or entries inconsistent with or
relating to the Board's recommendation be corrected and returned
to the Board, together with a copy of this Report of Proceedings,
for retention as cross-reference to Petitioner's naval record.
TUR
Docket No: 1145-15
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.
T. . REED
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 Regulation, 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. :
ROBERT J. O’ NEILL
Executive Director
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