DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8473-18 Ref: Signature Date Dear : This letter is in reference to your application for correction of your late husband’s naval record, Petty Officer Second Class Edward Cohn, USN, 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 that 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 12 December 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 husband’s naval record, applicable statutes, regulations and policies, and a 7 November 2019 advisory opinion (AO) provided by Navy Personnel Command, Records Management & Benefits Division (PERS-31). The AO was provided to you on 11 November 2019, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. Your husband enlisted in the Navy and began a period of active duty on 17 September 1943. He received an honorable discharge on 26 February 1947, and subsequently reenlisted in the Navy Reserve on 23 April 1947. On 22 April 1952 at the expiration of his enlistment, your husband was separated from the Navy Reserve and received a second honorable discharge. As part of the review process, PERS-31 reviewed your request to determine your husband’s eligibility for the Purple Heart Medal (PH) and drafted an AO. The AO indicated that a review of your husband’s official military file failed to provide any evidence of combat action or injury as a result of combat action. The AO further noted that no medical records were provided for review, and recommended disapproval of the PH request. Within the Department of the Navy, to qualify for the Purple Heart Medal, the wound received has to be the direct or indirect result of enemy action, and such wound required treatment by a medical officer at the time of injury. Both criteria must be met to be awarded the PH. The Board, in its review of the entire record and petition, carefully weighed all the evidence submitted on your husband’s behalf, as well as your contentions that included, but were not limited to: that he received shrapnel wounds to his chest on 7 June 1944 at Omaha Beach when he was assigned to the Naval Beach Battalion as a radioman, and that he received treatment for such wounds at a field hospital in Southampton, England. However, the Board unanimously determined, even after reviewing the evidence in the light most favorable to your husband, that he did not meet the qualifying criteria to receive the PH. There was no evidence in the record, and the materials before the Board, substantiating that your husband was wounded in combat as the direct or indirect result of enemy action on Omaha Beach in June 1944. Additionally, on your husband’s 1947 Navy Reserve enlistment application, he answered “No” to the question of “Have you ever had a serious illness or been in a hospital?” Moreover, your husband’s record does not indicate that he ever served with the Naval Beach Battalion, or with any other unit that saw combat and/or was on Omaha Beach. Accordingly, the Board concurred with the AO and concluded that your husband did not meet the baseline eligibility criteria for the PH. The Board sincerely appreciates, respects, and commends your husband for his honorable and faithful service during WWII and his entire Navy career. Unfortunately, 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,