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

Docket No: 7104-19                                                            
Ref: Signature Date 

This is in reference to your application of 16 July 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 2 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 father’s naval record, and applicable statutes, regulations, and policies. 

Your father,                        , enlisted in the Marine Corps and began a period of active duty on 16 September 1943.  From 15 September 1944 until 15 February 1946, he was deployed to the        theater of operations and participated in the capture of               .  On 11 April 1946, he was discharged with an honorable characterization of service.

You request that the Board award your father the Purple Heart Medal.  You assert your father told you he was struck in the face with fragments from a grenade, treated by a corpsman and was told to return to duty.  You state that although there was no medical entry in his service record, the fragments remained in his right cheek, and that he was discharged due to Lupus Erythematosus that developed upon his return to the states which he felt that was caused by the fragments and the malaria that he contracted in the South Pacific.  Lastly, you stated your father told you that many men received wounds and kept fighting so he never considered it out of the ordinary.  In support of your petition, you attached a copy of his discharge noting participation in the capture of             , and medical records from the Veterans Administration noting a scar on his right cheek and malaria from 1956.  On 24 September 2019, the Board requested an Advisory Opinion as to whether your father was entitled to the Purple Heart Medal.  On 31 October 2019, Headquarters, U.  S.  Marine Corps Military Awards Branch (MMMA) notified the Board that a thorough review of your father’s records failed to substantiate his entitlement to the Purple Heart Medal.  The Board provided the AO and provided you the opportunity to provide any additional information.  The Board did not receive any additional information from you.

The Board found no error in the records.  The Board noted the MMMA AO which read, in part: “During the period that Petitioner’s father served in the Marine Corps, the Purple Heart Medal was authorized for those who were wounded or injured as a direct result of enemy action.  For award of the Purple Heart Medal there exist both circumstantial and severity thresholds that must both be met.  First, the wound must have resulted from enemy action.  Second, the wound must have been of such severity that it necessitated treatment, not merely examination, by a medical officer. If the wound does not meet both standards, the Purple Heart may not be awarded.  Verification of entitlement must be made by official entries in the service or medical records or casualty reports.” 

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. 

Sincerely, 


12/26/2019