DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 10065-09
20 January 2010
This is in reference to your application for correction of your
late husband's 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 9 December 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 late husband's naval record and applicable
statutes, regulations and policies.
REter 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 found that your late husband enlisted in the Navy on 18
November 1942. He was honorably discharged on 22 March i943. On
23 March 1943 he enlisted in the Navy Reserve and was ordered to
active duty for training at a college. On 28 March 1944 he was
appointed a temporary midshipman in the Navy Reserve. On 29 dune
1944 he was commissioned as an officer in the Navy Reserve. On 3
June 1946 he was honorably released from active duty. On 8 March
1956 he was honorably discharged from the Navy Reserve with 13
years, 3 months, and 21 days of service.
As your husband did not complete twenty years of service
creditable for retirement, there is no basis for granting your
request. Accordingly, since it would not be in the interest of
justice for the Board to grant retirement to your late husband,
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,
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