DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
T JR
Docket No: 5864-00
12 March 2001
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 Navy, filed enclosure
(1) with this Board requesting that the characterization of his
discharge be changed.
2. The Board, consisting of Messrs. Dunn, Kastner, and Pfeiffer,
reviewed Petitioner's allegations of error and injustice on 6
March 2001 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 enclosure (1) was not filed in a
timely manner, it is in the interest of justice to waive the
statue of limitations and review the application on its merits.
c. Petitioner enlisted in the Navy on 9 November 1947 at age
of 17. At the time of Petitioner's enlistment he had completed
eight years of formal education.
d. On 17 February 1950 Petitioner's received captain's mast
(CM) for absence from his appointed place of duty for a total of
30 minutes. On 24 October 1950 he was convicted by summary
court-martial (SCM) of a three day period of unauthorized absence
(UA) and missing the movement of his ship and sentenced to a $270
forfeiture of pay and a bad conduct discharge (BCD) . The BCD was
suspended for six months. However, on 26 February 1951,
Petitioner received CM for absence from his appointed place of
duty for a 15 hour period and the BCD was vacated.
e. On 15 March 1951, approximately six months after
Petitioner's 19th birthday, he received a BCD.
f. Petitioner contends that he did not realize the
consequences of his misconduct and that his record has beep,clean
since his discharge. A verbal report received from the-Federal
Bureau of Investigation (FBI) confirms Petitioner's contention of
unblemished post-service conduct.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board's finding is based on Petitioner's youth and
immaturity, limited education, good post service conduct as
evidenced by a FBI report, and the nature of his misconduct. In
this regard, the Board does not condone Petitioner's misconduct.
However, the Board notes that his offenses occurred prior to his
19th birthday and concludes that given his obvious immaturity, he
may have been unable to fully understand the life-long
consequences of his misconduct and a punitive discharge. The
Board notes that Petitioner was given a 'second chance1 when the
BCD was suspended, and that he violated probation by committing
an offense. However, the Board also notes the extremely minor
nature of this infraction, and questions whether such as offense
warranted vacation action. The Board also notes Petitioner's
unblemished post-service conduct.
Based on the foregoing, and considering the fact Petitioner has
suffered the consequences of a BCD for more than 50 years, the
Board concludes that no useful purpose is served by continuing to
characterize Petitioner's service as having been under other than
honorable conditions, and recharacterization to a general
discharge is appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that he
was issued a general discharge on 15 March 1951 vice the BCD
actually issued on that 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.
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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. GOLDSMI
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 -P% IFFER
Executive Director
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