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

Docket No: 6644-18                
Ref: Signature Date 

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 for Correction of Naval Records (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, sitting in executive session, considered your application on 26 August 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 of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  In regards to your request to be awarded the Purple Heart Medal, the Board found that on 12 February 2013, Headquarters Marine Corps (HQMC) informed you of the awards you are entitled to, and that a review of your records failed to reveal your entitlement to the Purple Heart Medal.  You were informed of the criteria needed to be awarded the Purple Heart Medal and that there was insufficient documentation to qualify you for the Purple Heart Medal. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and request to be awarded the Purple Heart Medal.  The Board also considered that you have been unable to find records supporting your statement that you fell into a          panji pit.  The Board concluded the information in your service record and statement you provided on your application were insufficient to substantiate your request to be awarded the Purple Heart Medal.  The Board substantially concurred with comments contained in the HQMC letter you received dated 12 February 2013. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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 


9/20/2019