DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
JRE
Docket No: 5861-00
16 October 2001
Dear
This is in reference to your request for further consideration of your
correction of your naval record pursuant to the provisions of title 10
Code, section 1552.
application for
of the United States
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 4 October 200 1. 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, your
naval record and applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire record, the Board found that the
new evidence you submitted from a witness to your alleged injury was outweighed by a
health record entry which indicate that the infection which was noted on or about 9
November 1944 was not associated with an injury. The Board was unable to conclude that
the entry related to an injury which occurred on 25 October 1944. In addition, it noted that
even if it were to grant your request, you would not be accorded effective relief thereby,
because it would not cause the Department of Veterans Affairs to alter its determination that
you do not suffer from the residuals of a leg condition incurred in or aggravated by your
naval service. Accordingly, your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
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
and material evidence or other matter not previously 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,
W. DEAN PFEIFFER
Executive Director
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