DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WA-N
VG
.TU3/0-5100
JRE
Docket No. 09993-02
16 June 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
You requested that your
record be corrected to show that you did not jump from a police
wagon on 7 May 1959.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 June 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You sustained severe head injuries on 7 May 1959.
fell and struck your head.
The Board found that you enlisted in the Marine Corps on 6
January 1958.
A line of duty investigation into the circumstances of the
incurrence of your injuries established that you jumped out of
the back of a police wagon,
The
investigating officer and all endorsing officials, to include
the Judge Advocate General,
determined that your injuries were
incurred as a result of your own misconduct and not in the line
of duty.
discharged without entitlement to disability benefits
You were subsequently found unfit for duty, and
administered by the Department of the Navy.
On 19 May 1961, the
*
‘13
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.
result of your willful misconduct,
service connection for the residuals of your injuries.
and denied your claim for
Although the Board was sympathetic to your situation, it was
unable to conclude that you did not jump out a police wagon as
alleged, or that your injuries were incurred in the line of
duty, and not as a result of your own misconduct.
your application has been denied.
members of the panel will be furnished upon request.
The names and votes of the
Accordingly,
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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