DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. .11216-08
15 June 2009
Deal
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 11 June 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.
The Board noted that there were no provisions of law for the
disability retirement of enlisted service members in 1945, with
the exception of those who were qualified for length of service
retirement. Disability separation and retirement became
generally available to disabled enlisted persons on 1 October
1949, the effective date of the Career Compensation Act of 1949.
As you completed less than three years of active duty service
and were not qualified for length of service retirement, you
were not entitled to be retired by reason of physical
digability. In addition, the Board did not accept your. ...-.
unsubstantiated contention to the effect that you were wounded
in action during your period of naval service. 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,
Qa
W. DEAN PFE
Executive Di r
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