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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