DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4848-18 APR ll 2019 This is in reference to your application for conection 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 enor 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 three­member panel of the Board for Conection ofNaval Records, sitting in executive session, considered your application on 10 January 2019. The names and votes of the members of the panel will be furnished upon request. Your allegations of enor 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, an advisory opinion (AO) provided by Navy Department Board of Decorations and Medals (NDBDM) dated 7 August 2018, as well as applicable statutes, regulatilons, and policies. The NDBDM AO states you are not entitled to the Purple Heart Award. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. You enlisted in the Marine Corps and began a period of active duty on 23 March 1964. Your records revealed a Report of Casualties dated 30 December 1966, which indicates that you sustained first and second degree bums as a result of an accidental explosion of a gasoline stove. You were discharged on 22 March 1967, with an honorable characterization of service. The Board, in its review of your entire record and application, and your submission of a witness report by the medic that attended to your wounds, carefully weighed all factors, such as your desire to be awarded the Purple Heart award, and your contention that your wounds were due to an indirect result of enemy action. The Board noted your honorable and faithful service in the Navy, unfortunately, upon review of the evidence provided, the Board concurred with the NDBDM AO. The Board concluded that it did not have a basis to grant your request. 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 of regularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director