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

Docket No: 8202-17 
APR 22 2019 

Dear : 

This is in reference to your application for correction of your naval record pursuant to Title 10, 
United States Code, Section 1552. After careful and conscientious consideration of the entire 
record, the Board found the evidence submitted was 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 16 January 2019. The names and votes of the members of the 
panel 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 ofyour application, together 
with all material submitted in support thereof, a 30 October 2018 advisory opinion (AO) 
provided by Navy Personnel Command (PERS 312), relevant portions of your naval records, as 
well as applicable statutes, regulations and policies. The AO was sent to you for an opportunity 
to comment prior to it being considered by the Board. After the period for comment expired 
without a response, the case was presented to the Board. 

The Board carefully weighed all potentially mitigating factors, such as your desire to receive the 
Purple Heart Medal. The Board considered your contention that the Purple Heart Medal was 
given to you but not recorded in your record. The Board also considered your submission of 
supporting documentation. The Board concluded that these factors were not sufficient to warrant 
relief. In this regard, the Board substantially concurred with the comments contained in the AO. 
Specifically, the review failed to document that you were wounded under the conditions for 
which the Purple Heart can be authorized. In regard to your contention, the Board determined 
that the issuance of the Purple Heart Medal is not warranted. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity 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