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

Docket No: 5622-19 
Ref: Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:    (a) 10 U.S.C. § 1552 

Encl:   (1) DD Form 149 (NR20190005622)
        (2) Headquarter Marine Corps, Military Awards Branch ltr of 31 Oct 19 

1.  Pursuant to the provisions of the reference,                                   filed enclosure (1) with the 
Board for Correction of Naval Records (Board), requesting correction to the record of his father, former Private First Class 
                                     , USMC (deceased, hereinafter “Petitioner”), to reflect entitlement to the Purple Heart Medal.
 
2.  The Board, consisting of                                                                               , reviewed Petitioner’s 
allegations of error and injustice on 25 November 2019, and, pursuant to its regulations, determined that the 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 service records, as well as applicable statutes, regulations, and policies. 

3.  The Board, having reviewed all the facts of record pertaining to the allegations of error and injustice, finds as follows:

    a.  Before applying to this Board, all administrative remedies available under existing law and regulations within the Department of the Navy were exhausted.

    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 served honorably on active duty in the Marine Corps from 11 December 1942 to 24 October 1945.  Petitioner was wounded in action on 28 December 1943, while serving in the                     .

    d.  The application on Petitioner’s behalf requests the addition of the Purple Heart Medal to Petitioner’s Certificate or Release from Active Duty (DD Form 214). 

    e.  On 31 October 2019, Headquarters Marine Corps, Military Awards Branch issued an Advisory Opinion, enclosure (2), finding that Petitioner is entitled to the Purple Heart Medal.  The Advisory Opinion notes that Petitioner’s medical history, embarkation slips, report of medical survey, and record of an abdomen wound from a shell blast, were reviewed and relied upon when making the determination of entitlement to award.

   f.  The Board considered the request for an update to Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214)  and took into account the findings of the Advisory Opinion. 

CONCLUSION: 

That Petitioner be granted full relief with respect to the requested change in his record to reflect his entitlement to the Purple Heart Medal. 

In view of the above, the Board directs the following corrective action. 

RECOMMENDATION: 

That Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to reflect that the awards and decorations to which he is entitled includes the Purple Heart Medal. 

That a copy of this report of proceedings be filed in Petitioner’s naval record. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 22 August 2018. 

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 Regulations, 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


1/12/2020