DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07413-08
23 March 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, in which you requested that
your record be corrected to show that your left foot was injured
rather than your right.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 March 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, 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. In this regard, it found that your naval
record contains several entries which indicate that your right
foot was injured on 20 June 1944 when one of your crewmates
accidentally in the scullery of the USS LST 447. Your contention
to the effect that it was actually your left foot was injured
was considered insufficient to warrant any corrective action in
your case. Accordingly, your application has been denic:d. 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,
D:
W. DI
Executive Di
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