DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 9922-06
6 February 2008
Dear ia
This is in reference to your application for correction of your
deceased cousin's 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 29 January 2008. 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 late cousin's naval record and applicable statutes,
regulations and policies. In addition, the Board considered an
advisory opinion furnished by Headquarters Marine Corps with its
enclosed memorandum from the Department of Defense, Prisoner of
War/Missing Personnel Office, a copy of which is enclosed, and
your rebuttal thereto.
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 reaching its decision, the Board believed
that the actions taken to declare your cousin to be missing in
action in 1969 and declaring him to be deceased nearly 11 years
later were reasonable and there was no abuse of discretion in
this matter. The Board further believed that, given the passage
of time, conclusive evidence to refute the findings made in this
case probably no longer exists. Therefore, the Board
substantially concurred with the comments contained in the
advisory opinion.
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,
(Rens ~\
Executive Dir
Enclosure
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