D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 1827-99
12 August 1999
From:
To :
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj :
REVIEW OF NAVAL RECORD OF
I
Ref:
(a) 10 U.S.C.1552
Encl :
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Navy/Marine Corps,
applied to this Board requesting, in effect, that his naval
record be corrected to show a more favorable type of discharge
than the bad conduct discharge issued on 28 August 1956.
2. The Board, consisting of Ms. Hurnberd, Mr. Caron, and Mr.
Ivins, reviewed Petitioner's allegations of error and injustice
on 4 August 1999, and pursuant to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and injustice
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Although it appears that Petitioner's application to
the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.
c. Petitioner enlisted in the Marine Corps on 1 April 1954
for four years at age 17. He was advanced to PFC (E-3) and
served for 13 months without incident. However, during the two
month period from May to June 1955 he received two nonjudicial
punishments (NJP) for disobedience and a two hour period of
unauthorized absence.
d. On 9 March 1956, Petitioner was convicted by special
court-martial of stealing government property which included
four pair of trousers, six utility caps, and two pairs of gloves
for a total value of $17.50. He was sentenced to confinement at
hard labor for six months, forfeitures of $50 per month for six
months, reduction in rank to W T (E-1), and a bad conduct
discharge. The Navy Board of Review affirmed the findings and
the sentence on 17 May 1956. Petitioner waived his right to
request restoration to duty and requested that the bad conduct
discharge be executed. Clemency was denied and he received the
bad conduct discharge on 28 August 1956.
e. The Federal Bureau of Investigation has reported that
Petitioner has no record of arrests or convictions with that
agency.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board notes Petitioner youth and
immaturity, limited formal education, low test scores, and his
good post-service conduct. The Board notes that theft was an
offense for which there was no tolerance in the Marine Corps and
individuals were routinely discharged. However, the Board notes
that Petitioner's theft was relatively minor and believes that a
bad conduct discharge was very harsh, even when his prior
disciplinary record is taken into consideration. Accordingly,
the Board believes that Petitioner has been sufficiently
punished and concludes that it would be appropriate as a matter
of clemency to recharacterize the bad conduct discharge to a
general discharge under honorable conditions.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was issued a general discharge by reason of misconduct on
28 August 1956 vice the bad conduct discharge actually issued on
that date. This should include the issuance of a new DD Form
214.
b. That a copy of this Report of Proceedings be filed in
Petitioner ' s naval record.
c. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 16 March 1999.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6
(e)) and having assured compliance with its provisions, it is
hereby announced that the foregoing corrective action, taken
under the authority of reference (a), has been approved by the
Board on behalf of the Secretary of the Navy.
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