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NAVY | BCNR | CY2009 | 01250-09
Original file (01250-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203705100. JRE
Docket No. 01250-09
2 June 2009

 

 

Dear =

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 several
administrative corrections of your record, and correction of
your record to show that you were “exposed to radiation on
Nagasaki”.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session on 14 May 2009, considered
that portion of your application which pertains to your possible
exposure to radiation while serving in Nagasaki, Japan at the
end of World War II. 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, reguiations
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, the Board found that your
record shows that you were transferred to Nagasaki, Japan,
during September 1945. The available records do not show the
extent of your exposure to ionizing radiation which may have
occurred while you were assigned there. The Board noted that
the issue of your entitlement to disability benefits for
conditions that you believe are related to your exposure to
radiation is a matter within the purview of the Department of
Veterans Affairs, rather than the Department of the Navy.

In view of the foregoing, and as you have not demonstrated that
it would be in the interest of justice for the Board to create a
service record entry concerning your possible exposure to
lonizing radiation, your application has been denied. The names

and votes of the members of the panel will be furnished upon
request. .

As your other requests for correction of your record are
administrative in nature, you should submit them to the
Personnel Management Support Branch (MMSB-10), Headquarters,

United States Marine Corps, 2008 Elliot Road, Quantico, Virginia
22134.

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,
\Noue

W. DEAN P

Executive Dive ir

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