DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05590-09
22 April 2010
From: Chaixman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL OF RECORD =e
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with 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
Wavy, filed enclosure (1) with this Board requesting, in
effect, that the characterization of his discharge (Special
Order) be changed.
2. The Board, consisting of Mr. Qi oc. SRiRNRRRS and
Mr witli. reviewed Petitioner's allegations of error and
injustice on 21 April 2010 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. Although it appears that enclosure {1) 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.. ,
b. Petitioner enlisted in the Navy on 7 October 1942,
at the age of 18.
c. Petitioner served for ten days without incident.
However, on 17 October 1942, the service member was |
discharged with a special order discharge under
satisfactory conditions. His final conduct average was
4.0.
CONCLUSION :
Upon review and consideration of all the evidence of
record, the Board concludes that Petitioner's request
warrants favorable action.
The Board notes that Petitioner's conduct average was 4.0
which was the requirement for a fully honorable
characterization of service. The Board also notes that
there was an administrative error for the reason for
discharge, which should reflect honorable. Based on the
foregoing the Board concludes that no useful purpose is
served by continuing to characterize his service as having
been special order, and recharacterization to a £ully
honorable discharge is appropriate. Accordingly, the Board
concludes that relief in the form of recharacterization of
his discharge is appropriate.
In view of the foregoing, the Board finds the existence of
an error and injustice warranting the following corrective
action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show
that he was honorably discharged on 17 October 1942, vice
being issued a special order discharge on the same day.
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected,
removed, or completely expunged from Petitioner's record
and that no such entries or material be added to the record
in the future.
c. That any material directed to be removed from
Petitioner's naval record be returned to the Board,
together with a copy of this Report of Proceedings, for
retention in a confidential file maintained for such
purpose, with no cross reference being made a part of
Petitioner's naval record.
4, Pursuant to Section 6(c) of the revised Procedures of
the Board for Correction of Naval Records (32 Code of
Federal Regulations, Section 723.6{(c) 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 BRIAN reve) emg GEORGE
Recorder 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 Regulation,
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.
W. DEAN PF
By directi
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