Docket No: 8091-20
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 24 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, and relevant portions of your naval record, along with applicable statutes, regulations, and policies.  In addition, the Board considered an Advisory Opinion (AO) provided by the Navy Department Board of Decorations and Medals (NDBDM) dated 8 February 2021. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The NDBDM reviewed your request regarding your entitlement to the Purple Heart (PH) Medal.  The NDBDM ‘s AO concluded that you are not entitled to the PH, as there is no evidence that your injuries necessitated treatment by a medical officer, as required by the Navy and Marine Corps Awards Manual.  The AO noted that the presumption of regularity in government affairs requires NDBDM to presume that had your injuries been of such a severity, it would have been documented in your records, and you would have been awarded the PH Medal at the time.  You failed to present evidence to overcome this presumption. 
 
The Board carefully considered your desire to be awarded the PH Medal, your rebuttal, and contention that another Marine was awarded the PH Medal under almost the exact same circumstances.  The Board noted that the circumstances for which another Marine received a PH Medal are not considered evidence to support you receiving the PH Medal.  Ultimately, the Board determined that there was insufficient evidence to support your entailment to the PH Medal.  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,