DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05390-08
12 September 2008
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 4 September 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 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.
The Board found that you served on active duty in the Navy from
17 July 1942 to 6 April 1945, when you were honorably discharged
pursuant to the approved findings of a board of medical survey
that you were disabled due to the effects of a head injury that
existed prior to your enlistment (EPTE), and was aggravated in
the line of duty.
The Board was not persuaded that the EPTE determination that was
made in your case is erroneous or unjust. In addition, it noted
that voiding that determination would not accord you effective
relief because you are receiving disability benefits from the
Department of Veterans Affairs for the condition that led to
your discharge from the Navy in 1945, and there were no
provisions of law for the disability retirement of enlisted
service members prior to 1 October 1949, the effective date of
the Career Compensation Act of 1949. 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, ~
\uS
W. DEAN PFE
Executive Dikéctdr
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