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

Docket No: 5628-19 Ref: Signature Date 


This is in reference to your application of 13 May 2019 for correction of your 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. 

A three-member panel of the Board, sitting in executive session, considered your application on 16 December 2019.  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 naval record, and applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 

You began a period of active duty in the Marine Corps on 14 January 2003. On 27 April 2004, you were involved in an improvised explosive device (IED) incident while deployed to .  On 15 December 2004, you were discharged with an honorable characterization of service at the completion of your required active service.  On 29 January 2011, you began another period of active duty.  On 19 June 2018, you were notified that you were transferred to the Permanent Disability Retired List (PDRL) with a disability rating of 80 %, noncombat-related.  On 30 July 2018, you were retired with an honorable characterization of service due to permanent disability. 

You request that the Board award you the Purple Heart Medal.  You assert that you are entitled to the medal due to the mild traumatic brain injury (mTBI)/concussion you incurred on 27 April 2004 in .  Previously, Military Awards Branch disapproved your request due to insufficient medical documentation.  They determined your medical record did not contain evidence “that a medical officer made a disposition of ‘not fit for full duty’ for a period greater than 48 hours within 7 days of the injury based on persistent signs, symptoms, and findings of functional impairment from a diagnosed TBI/concussion as required by MARADMIN 245/11.” The criteria in MARADMIN 245/11 does not allow diagnosis of a TBI made later than 7 days following the concussive event to qualify for the Purple Heart due to the similarity of symptoms between TBI and Post Traumatic Stress Disorder (PTSD).  In support of your petition, you attached extensive medical research regarding mTBI, letters from doctors supporting your request, and your medical records.  The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded that these factors were not sufficient to award the Purple Heart Medal as the Board found no error or injustice in the records.  The Board noted that the extensive materials you submitted did not meet the criteria for 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