Docket No: 5913-19 
Ref: Signature Date 

Dear  : 
 
This is in reference to your application 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 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 29 July 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 considered the advisory opinion (AO) provided by Headquarters Marine Corps (HQMC), Military Awards Branch (MMMA-13) letter dated 10 September 2019 and your rebuttal statement dated 22 April 2020.    
 
You enlisted in the Marine Corps and began a period of active duty on 7 May 1950.  On 6 March 1959, you were discharged from the Marine Corps with an honorable characterization of service.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to receive the Purple Heart Medal.  The Board considered your statement to include your contention that you was firing a combat mission, you were setting time on flares and sliced the end off of your middle finger requiring the corpsman to bandage it.  You were on a list to receive a Purple Heart, a “DAV” Service Officer advised you that your name was on the list.  After careful consideration, the Board concluded that these factors were not sufficient to warrant relief.  In this regard, the Board substantially concurred with the comments contained in the AO, which states in part, for award of the Purple Heart Medal there must exist both circumstantial and severity thresholds to be met.  First, the wound must have resulted from enemy action. Second, the wound must have been of such severity that it necessitated treatment, not merely examination, by a medical officer.  If the wound does not meet both standards, the Purple Heart may not be awarded.  The Board concluded that your record does not fulfill the requirement for entitlement to the Purple Heart Medal.  The Board determined the issuances of the Purple Heart Medal is not warranted. 
 
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 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,