Docket No:  0764-19 
Ref: Signature date 
 
Dear  
 
This is in reference to your application of 1 October 2018 for correction of your father’s 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 7 October 2019.  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 father’s naval record, and applicable statutes, regulations, and policies In addition, the Board considered the advisory opinion (AO) provided by the Navy Personnel Command, a copy of which was provided to you on 2 August 2019. 
 
Your father enlisted in the Navy and began a period of active duty on 15 March 1945.  On 11 February 1946, he was admitted to sick call for injuries suffered in an automobile accident.  No records were found in his record that indicated treatment for any injuries suffered in combat.  He was separated with an honorable characterization of service on 24 March 1947. 
 
The Board carefully weighed all factors in your father’s case, including your desire for your father to be awarded the Purple Heart Medal.  The Board considered your assertions that your father’s ship hit a mine two days after the armistice was signed with Japan.  The Board concluded these factors and assertions were not sufficient to warrant a change to your father’s record.  Navy Personnel Command submitted an opinion that there was no documentation in your father’s record that your father was wounded as a direct or indirect result of enemy action, or as the result of friendly weapons fire while actively engaging the enemy which required treatment by a medical officer at the time of the injury.  The AO stated that the verification of entitlement must be made by official entries in the Official Military Personnel File (OMPF), medical records, or personnel casualty reports.  The Board, concurred with the AO, and did not find any documentation of a pertinent injury.   
 
It is regretted that the circumstances of your father’s 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.