DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WOH:
Doc. No. 1194-09
20 July 2009
Dear
This is in reference to your application for correction of your
naval 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, your deceased husband’s naval records and ;
applicable statutes, regulations and policies. In addition, the
Board considered the advisory opinion furnished by NPC Casualty
Assistance Branch memo of 3 April 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. There is no evidence that your deceased
husband was captured and interned during World War II.
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
Boc. No. 1194-09
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 a EK
r
Executive Dir&et
Enclosure
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