DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 1363-19  
Ref: Signature Date 
 

Dear : 
 
This is in reference to your application of 9 January 2019 for correction of your father’s naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 20 February 2020.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your father’s naval record, and applicable statutes, regulations, and policies.  The Board also considered the advisory opinion provided by Navy Personnel Command (PERS 312) on 2 August 2019. 
 
Your father, , enlisted in the Navy on 30 October 1940.  He was honorably discharged on 18 November 1946. 
 
The Board carefully weighed all potentially mitigating factors and considered your contention that your father was awarded the Purple Heart Medal but it is not listed on his Notice of Separation from U.S. Naval Service.  The Board, relying on the AO provided by PERS 312 and noting your father’s medical records were not available for review, concluded your father’s available record does not indicate he meets the criteria for entitlement to a Purple Heart Medal.  Therefore, the Board determined that, despite his honorable service during World War II, there is nothing in his record that indicates that he earned or is entitled to award of the Purple Heart Medal. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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.