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NAVY | BCNR | CY2003 | 02115-03
Original file (02115-03.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

BOARD  FOR  CORRECTION  OF  N A V A L R E C O R D S  

2  N A V Y A N N E X  

W A S H I N G T O N  DC  2 0 3 7 0 - 5 1 0 0  

JRE 
Docket No.  02115-03 
24  October 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. 

A three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 23 October 2003.  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 evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice.  In this connection, the Board was not 
persuaded that you sustained any significant trauma or injuries 
to your ribs or spine during your active service in the Navy, 
which ended in 1946.  The Board noted that as there were no 
provisions for the disability retirement of enlisted service 
members prior to 1 October 1949, which was the effective date of 
the Career Compensation Act on 1949, there is no action it can 
take that would entitle you to disability separation or 
retirement from the Navy.  The issue of your entitlement to 
compensation for illnesses or injuries you believe were incurred 
in or aggravated by your military service is a matter within the 
purview of the Department of Veterans Affairs, rather than the 
Department of the Navy.  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, 



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