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NAVY | BCNR | CY2001 | 00126-01
Original file (00126-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 126-01
22 June 2001

 

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD oF iil eens

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 Naval Reserve, filed
enclosure (1) with this Board requesting, in effect, to change
the characterization of his discharge from indifferent to
honorable.

2. The Board, consisting of Mr. Leeman, Ms. McCormick, and Ms.
Wiley reviewed Petitioner's allegations of error and injustice on
12 June 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 ina
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 Navy on 8 February 1943 and
served until his‘ separation with no disciplinary infractions.
d. On 4 June 1943, after undergoing a medical examination,
Petitioner was diagnosed with tachycardia/heart condition and a

personality disorder.

e. On 9 July 1943 Petitioner was issued an indifferent
discharge under satisfactory conditions.

f£. Indifferent discharges were no longer awarded after World
War II. An indifferent discharge is roughly equivalent to
today's general discharge which is considered to be somewhat
stigmatizing. Under today's standards, an individual in
Petitioner's situation would receive an entry level separation.
However, no such separation existed at the time of Petitioner's
service.

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.

Based upon Petitioner's overall satisfactory record of service
the Board concludes that the characterization of service should
be changed to an honorable discharge. In this regard, the Board
notes he had no disciplinary actions and apparently served to the
best of his ability. Accordingly, the Board does not believe his
service should be characterized as less than fully honorable

RECOMMENDATION:

a. That Petitioner's naval record be corrected by showing
that on 9 July 1943 he received an honorable discharge vice the
indifferent discharge actually issued on that date.

b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.

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. Z
ROBERT D. ZSALMAN E. GOLDSMITH

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.

*S

  
 
 

 

  

W. DEAN
Executive di

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