Docket No: 1588-20 
Ref: Signature Date 

                 
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 6 January 2021.  The names and votes of the panel members 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 the 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, and an advisory opinion (AO) provided by Navy Personnel Command (NPC), dated 19 October 2020.    
 
You enlisted in the Navy and began a period of active duty on 14 August 1942.  On 22 May 1946, you were discharged from the naval service with an honorable characterization of service.  
    
In your petition, you request to be awarded the Purple Heart (PH) medal, and to have your record to reflect your rank as Aviation Ordnance Man, First Class.  The Board considered your contention that you sustained injuries after an attack to your ship, the USS .  You assert that you were examined and informed by doctors that due to the concussion “the main feeder veins in your legs were compressed and you would require surgery stateside.”  You assert that after your arrival stateside, you were informed by the Personnel Manager (PM) that he had all of your awards and PH Medal, and you would receive them if you reenlisted in the Navy for an additional four years.  You further assert that the PM then informed you that if you declined the reenlistment offer, you would never see the PH Medal or additional awards, commendations, and that he would destroy all of your records as if you never existed.   
 
As part of the Board’s review, an AO was provided by NPC.  The AO states in part, that your Official Military Personnel File (OMPF) failed to provide evidence you were injured as a result of enemy action, and no official medical records were provided to support your claim.  The Board concurred with the AO and concluded that your record does not fulfill the requirement for entitlement to the PH Medal.    
 
In regard to your request for your record to reflect your rank as Aviation Ordnance Man, First Class, the Board noted your OMPF reflects that your highest rank held was Aviation Ordnance Man, Second Class.  There is no evidence in the record that you attained the desired rank you request your record to reflect.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
You are entitled to have the Board reconsider its decision upon 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,