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

Docket No: 7184-18 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 10 of the 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 9 October 2018. 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 and 
applicable statutes, regulations and policies. 

You enlisted in the Marine Corps and were ordered to active service on 28 July 1950. On 
21 September 1950, you arrived in Korea and participated in the capture and securing of 
and the   . You were medically evacuated for frostbite and subsequently hospitalized from December 1950 to 
February 1951. On 5 March 1951, you returned to the United States and were released from 
active duty on 6 January 1952, with an honorable characterization of service. 

The Board carefully reviewed your application and weighed all potentially mitigating factors 
such as your contentions that you received your injury prior to the Secretary of the Navy’s 1951 
decision to disqualify frostbite for the Purple Heart Medal and that you had seen several Marines 
receive the Purple Heart Medal for frostbite. The Board determined that although other Marines 
were erroneously awarded the Purple Heart Medal, Naval Regulations prohibits the retroactive 
issuance of the Purple Heart Medal for non-qualifying injuries no matter when the injury was 
received. The Board found 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 of an official naval record, the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

11/13/2018 

Executive Director