DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Dec. No. 6363-08
20 July 2009
Dear bie et ‘“ iT aa a
This is in reference to your application for correction of your
late husband's record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your ©
application on 20 July 2009. 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, and applicable statutes, regulations and
policies. In addition, the Board considered the advisory
opinion furnished by NPC Casualty Assistance Branch memo of 26
June 2009, a copy of which is attached.
After careful and conscientious consideration of the entire
record, a majority of the Board found that the evidence
submitted was insufficient to establish the existence of ©
probable material error or injustice. In this connection, the
Board substantially concurred with the comments contained in the
advisory opinion. In 2001, Congress enacted Public Law 106-398
which authorized payment of back pay for former active duty
members who were unavailable to accept promotions because they
were interned as prisoners of war. The evidence shows that your
deceased husband was not on active duty when he was taken as a
prisoner in 1941. In 1977, Congress enacted Public Law 95-202
to provide Veteran's benefits to persons who rendered service to
tee United States during World War II. However, that statute
pertained to Veteran's benefits only (such as health benefits)
and not to active duty pay and allowances. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Doc. No. 6363-08
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 also 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,
W. DEAN P
Executive Di
Enclosure
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