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Decision Text

NAVY | BCNR | CY2003 | 02885-03
Original file (02885-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N  O F   NAVAL  RECORDS 

2  NAVY  ANNEX 

WASHINGTON  D C   2 0 3 7 0 - 5 1 0 0  

CRS 
Dock 
12 M 

et No: 2885-03 
ay  2003 

This is in reference to your application for corrGbtion 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 30 April 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 statute ;, 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. 

The Board found that you enlisted in the Navy on 25 March 1969. 
While on your way to recruit training, your plane was hijacked to 
Cuba.  Subsequently, on 10 December 1970 you were h?norably 
separated and  t r m s f e r r e d   to t h e   Naval Reserve. 

After careful and conscientious consideration of the entire 
record, the Board found insufficient evidence to support your 
claim to be declared a prisoner of war.  Prisoner of war status 
will normally be afforded only to those taken prisoner by an 
enemy during armed conflict.  Since there was no armed conflict 
with Cuba at the time your plane was hijacked, you are not 
entitled to prisoner of war status.  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. 

II 

Sincerely, 

W.  DEAN PFEIF 
Executive Dir 

:R 
tor 



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