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

             
Docket No: 6479-20 
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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 1 March 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, as well as a 3 December 2015 advisory opinion (AO) from the Navy Department Board of Decorations and Medals, a copy of which you have received. 
 
The Board carefully weighed all potentially mitigating factors and considered your contention that you should have received the Purple Heart Medal.  You previously contended that you dislocated your shoulder when you were thrown across the fire room of USS .  In your most recent petition, you contend that you had not injured your shoulder prior to the incident and you provided additional detail on the injury you contend you sustained.  You also submitted a copy of the AO with your margin notes, to further expound on your position, in which you reiterated that a Hospital Corpsman indicated that you would be eligible for the Purple Heart Medal. 
 
In its deliberations, the Board determined that the additional information you provided in this most recent petition did not rise to the level to be able to grant you the relief you request.  The Board deliberations included considering the AO.  The AO found it unlikely that medical personnel would have told you that you were eligible for the Purple Heart Award because at the time, the Purple Heart Award was not yet authorized for the Navy and Marine Corps.  The AO further explained that your Report of Medical Survey dated 16 October 1945, “described the medical problem (chronic recurrent dislocation) with the Petitioner’s left shoulder, and recommended he be discharged from the Navy because of it.”  The AO also explained that the Medical Survey, “states the condition resulted from a 1941 football injury sustained prior to entry into the Navy.”  Finally, the AO explained that the Purple Heart Medal was not historically awarded for soft tissue injuries.  Therefore, the Board determined that despite your honorable service, your injuries do not qualify you for the award of the Purple Heart Medal.  

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, 
Executive Director