DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ‘
JRE
Docket No. 04188-08
17 February 2009
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 5 February 2009. After careful consideration of
your application, the Board concluded that the portion of your
application pertaining to your correct rank on 23 May 1946 was
not timely filed, and that it. would not be in the interest of
justice for it to excuse your failure to submit your application
in a timely manner.
You may request reconsideration of this decision. Your request
must include newly discovered relevant evidence which was not
reasonably available to you when you submitted your application.
The evidence may pertain to the timeliness of your application
or to its merits. Absent such additional evidence, further
review of your application is not possible.
The Board did not consider your request for correction of your
record to show that you were retired by reason of physical
disability in 1946 because there were no provisions of law for
the disability retirement of enlisted service members who were
released from active duty or discharged prior to 1 October 1949,
the effective date of the Career Compensation Act of 1949.
It is regretted that a more favorable reply cannot be made.
Sincerely,
Dea!
W. DEAN PFE
Executive D or
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