DEPARTMENTOFTHENAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
               
Docket No: 2552-19              
Ref: Signature date 
 
Dear : 

This is in reference to your application of 21 February 2019 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 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 25 November 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 3 August 1944.  On 12 April 1945, kamikaze planes attacked USS 
while you were aboard.  On 12 June 1946, you separated from the Navy, but your notice of separation did not include a Purple Heart Medal. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to be awarded a Purple Heart and your assertions you suffered a spinal injury when you hit the hull of the ship while in the anti-aircraft gun handling room, reported to sickbay and were placed on light duty.  The Board noted that you had back surgery at a Veterans Administration facility within one year of separation.  The Board concluded these factors and assertions were not sufficient to warrant a change to your records.  An 11 September 2019 advisory opinion from the President, Navy Department of Decorations and Medals, opined that you were not entitled to the Purple Heart because a medical officer did not treat you.  USS              history reflects only that it destroyed five kamikaze planes before suffering damage to a “port blister” from a near miss.  No evidence in your military service or medical records shows that you were ever wounded in action or treated by a medical officer. Finally, you are not listed in central Navy casualty records. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsiderits 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, 


12/21/2019