From:  Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER MEMBER  USN,    XXX-XX- 
        
Ref:    (a) 10 U.S.C. §1552 
 
Encl:  (1)  DD Form 149 
       (2) NPC Advisory Opinion of 31 Oct 19 
  
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that his Notice of Separation from the Naval Service be corrected to show he was awarded the Combat Action Ribbon (CAR), National Defense Service Medal (NDSM), and the Purple Heart Medal (PHM).  Enclosures (1) and (2) apply. 
 
2.  The Board, consisting of reviewed Petitioner's allegations of error and injustice on 16 October 2019, and pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, applicable statutes, regulations, policies, and enclosure (2), an advisory opinion (AO) provided by the Navy Personnel Command.   
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
     b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits. 
  
     c.  Petitioner states he landed on Iwo Jima as a member of that assault forces, and was hit in his lower leg by shrapnel during artillery barrage on 3 March 1945, which he treated with sulfa power and recovered the piece of shrapnel responsible.  He added that he received no further treatment, and that this was an event shared with his companion, who was shot later in the knee, hospitalized and shipped home.  He claims he never applied for the PHM. 
    
 d.  The enclosed AO states in part that a review of Petitioner’s Official Military Personnel File revealed he is eligible for the CAR, as evidenced by his award of an “operation star” for participation in the Iwo Jima operation.  However, it failed to provide evidence of eligibility for the NDSM, as he was discharged on 15 March 1946, and eligibility for the NDSM began on 27 June 1950.  The review did not provide any evidence of an injury due to enemy action, therefore, the AO recommend approval for awarding of the CAR and disapproval of awarding the NDSM and PHM.  
   
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of enclosure (2), the Board concludes that Petitioner’s request warrants partial relief. 
 
The Board concurred with the AO in that the Petitioner is entitled to the CAR, but not entitled to the NDSM or PHM.     
 
RECOMMENDATION 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. 
 
Petitioner’s naval record be corrected to show that he received the Combat Action Ribbon as evidenced by his award of an “Operation Star.”   
  
Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to reflect the correction above. 
    
A copy of this Report of Proceedings be filed in Petitioner’s naval record. 
 
No further relief be granted. 
 
Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 29 May 2019. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.      
                                                                   
12/18/2020
Executive Director