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

Docket No: 2498-20 
Ref: Signature Date 
 
Dear Petitioner: 
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. 

A three-member panel of the Board, sitting in executive session, considered your application on 18 August 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 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. The Board also considered the Advisory Opinion (AO) furnished by the Navy Department Board of Decorations and Medals dated 12 July 2021, which was previously provided to you. 

You enlisted and entered a period of active duty in the Marine Corps on 24 August 1998. You served honorably and joined the Marine Corps Reserve at the completion of your required active service. On 4 March 2007 you were on active duty with the Marine Corps and attached to the Army’s ,   in the  vicinity of . During a mission to search warehouses believed to be used by insurgents to store material for the manufacture of improvised explosive devices, you sustained injuries when a door-breaching charge exploded prematurely. You were medically evacuated and subsequently separated from active duty on 5 September 2007 with an honorable characterization of service. You petitioned U.S. Marine Corps Forces, Central Command (MARCENT) for award of the Purple Heart Medal (PH) in 2018 and 2020 and were twice denied. 

You contend you are entitled to award of the PH due to the injuries you sustained on 4 March 2007. You state MARCENT wrongly analyzed your case under the “general rubric of a battlefield accident while ignoring the more specific and applicable exception for injuries caused by friendly fire on the battlefield while a Marine was actively engaged with the enemy.” You further state that 
Headquarters, U.S. Marine Corps, Military Awards Branch defines “while actively engaging with the enemy” too narrowly. 

The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case. These included, but were not limited to, your contentions noted above and request to be awarded the PH. In its deliberations, the Board concurred with the analysis provided in the 12 July 2021 AO and determined that the applicable reference at issue, 10 
U.S. Code §1129, did not intend to extend PH eligibility to cases of negligent discharge of weapons or other mistakes and accidents in a combat zone. Based upon this review, the Board concluded that the potentially mitigating factors in your case were insufficient to warrant relief. Specifically, the Board agreed with the AO’s conclusion that the circumstances surrounding your injury constitute a mishap, and not a combat engagement. Accordingly, the Board found no probable material error or injustice in  denying your request, and given the totality of the circumstances, determined that your request does not merit relief. Please know that this decision does not intend to diminish the severity of the injuries you received on 4 March 2007 nor detract from your many years of honorable service to the Nation. 

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, 
9/9/2021