DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4010-17 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) Subject's naval record 1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure ( 1) with this Board requesting, in effect, that the applicable naval record be corrected to annotate he suffered a shrapnel injury as a result ofcombat with the enemy in 1944. 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 28 September 2017 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted ofthe enclosures, relevant portions ofnaval records, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department ofthe Navy. b. Petitioner entered active duty with the Marine Corps in June 1943. He participated in the initial landings at Guam in July 1944 and was involved in combat with the Japanese military occupying the island. Petitioner alleges he was struck by shrapnel from a Japanese mortar round and suffered an injury to his left wrist. He sought medical treatment but refused to be evacuated in order to continue fighting. Despite not receiving treatment at the time, his iltjury was documented in his medical record on 11 December 1945 with an annotation that he suffered shrapnel injury in 1944. c. Petitioner was discharged from the Marine Corps in December 1945 and was later denied a Purple Heart in 2013 due to lack of evidence regarding the source ofhis injury. CONCLUSION Upon review and consideration of all the evidence ofrecord, the Board finds the existence of an injustice warranting the following partial corrective action. The Board concluded that it was inappropriate to annotate his medical record with information that cannot be substantiated due to the passage oftime. However, the Board determined an injustice exists with Petitioner's record since he was not awarded a Purple Heart Medal in 1944. Despite the lack ofevidence to meet the current requirements for a Purple Heart Medal, due primarily to the passage of 73 years since the iajury was incurred, the Board concluded by not awarding the Purple Heart Medal it would perpetuate an injustice. The Board felt it had sufficient substantiation that Petitioner's injuries warrant a Purple Heart based on the medical entries in his military record, record ofhis physical presence in Guam in 1944, and evidence that he was involved in intense combat operations against the Japanese as part ofthe initial landing force. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner was awarded the Purple Heart Medal as a result ofshrapnel injuries to his left wrist from a Japanese mortar round in Guam on29 July 1944. A copy ofthis Report ofProceedings will be filed in Petitioner's naval record. 4. It is certified that a quorum was present at the Board's revieTand deliberations, and that the foregoing is a true and complete record ofthe Board's procedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in section 6(e) Board for Correction ofNaval Records (32 Code ofFederal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority ofreference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy. Executive Director