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

Docket No: 5144-19              
Ref: Signature Date

Dear    : 

This is in reference to your application of 8 May 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 9 March 2020.  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.  The Board also considered an Advisory Opinion (AO) of 16 January 2020 from Headquarters, United States Marine Corps. 

You enlisted in the Marine Corps and served honorably from 28 June 1943 to 10 March 1946.  You state that on 15 September 1944, you were serving as a radio operator with the Third Armored Amphibian Battalion in the first wave of the assault on         .  You were the only crew member who survived.  On the 18 September 1944, you state that you were hit by shrapnel on the lower right side of your back.  You state that you were treated by a corpsman who asked you if you wanted a Purple Heart.  Being only 18 years old and having survived an attack that had taken everyone you had been with, you contend that you thought they deserved it and you did not.  You assert that you declined the Purple Heart, but after surviving        and       , you believe you are entitled to the Purple Heart.  You ask the Board to award you the Purple Heart for injuries incurred on 18 September 1944. 

As part of the review process, Headquarters United States Marine Corps reviewed your request to the Board, considered the package you submitted in support of the Purple Heart, and issued an AO dated 16 January 2020.  The AO noted that you indicate that you were treated by a corpsman on        , and that a wound not requiring treatment by a medical officer does not qualify for a Purple Heart Medal.  The AO was provided to you, and you were given 30 days in which to submit a response.  When you did not provide a response within the 30-day timeframe, your case was submitted to the Board for consideration. 

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including that you were the sole survivor of your armored amphib and continued the fight after making it to the beach.  The Board noted that three days later, while in a fox hole with another Marine, you suffered an injury that required attention from a corpsman.  The Board took into account your continued contributions and heroism, but concurred with the findings of the AO.  The Board determined that your injury did not meet the requirements for the award of the Purple Heart Medal.  The Board noted that its findings in no way diminish your service to our Nation. 

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, 

4/12/2020
Executive Director