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

Docket No: 7553-19
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 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 21 May 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 the advisory opinion (AO) furnished by the Navy Department Board of Decorations and Medals and your rebuttal statement dated 20 April 2020.
 
You were commissioned in the Marine Corps on 15 November 1968 and served until you were released from active duty and transferred to the Naval Reserve with an honorable characterization of service.  Your Certificate of Release or Discharge from Active Duty (DD Form 214) reflects your entitlement to the National Defense Service Medal.  On 26 March 2019, you were issued a Correction to DD Form 214 (DD Form 215) which added the following awards: “Navy and Marine Corps Commendation Medal with Combat “V” (Vietnam), Combat Action Ribbon (Vietnam), Vietnam Service Medal with four bronze campaign stars, Republic of Vietnam Meritorious Unit Citation (Gallantry Cross color with palm and frame) ribbon bar, Republic of Vietnam Campaign Medal with 1960 Device.” 

The Board carefully reviewed your application, weighed all potentially mitigating factors, including your desire to be awarded the Purple Heart Medal.  The Board considered your contention that you were wounded on a combat operation in the Charlie Ridge area of Vietnam during an engagement with enemy forces.  A corpsman treated you in the field and when you returned to the base area, medical doctors were busy handling serious wounds, so your wound was cleaned and treated by a corpsman.  You further contend that you were recommended for the Purple Heart Medal.  After a review of your personnel records and available resources, the Board failed to verify your entitlement to the Purple Heart Medal.  In this regard, the Board substantially concurred with the comments contained in the AO.  The Board concluded that your record does not fulfill the requirements for entitlement to the Purple Heart Medal. 

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,