,

DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 

NAW ANNEX

WASHINGTON DC 203704100

ELP
Docket No. 988-00
24 July 2000

From:
To:

Subj:

Ref:

Encl:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

(a) 10 U.S.C.1552

(1) Case Summary
(2) Subject's Naval Record

Pursuant to the provisions of reference (a), Petitioner, the

1.
son of a former officer of the United States Marine Corps,
applied to this Board requesting, in effect, that his father's
record be corrected to show that he was honorably discharged on
5 November 1943 rather than being dismissed from the Marine
Corps.

The Board, consisting of Messrs. Milner and Geisler and Ms.

2.
Hardbower, reviewed Petitioner's allegations of error and
injustice on 19 July 2000 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,

regulations and policies.

Documentary material

The Board, having reviewed all the facts of record

3.
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 .

The record reflects that Subject enlisted in the Marine

Corps on 17 July 1941 and was honorably discharged on 27 March
1943 as a CPL (E-4) to accept a commission as a 2ndLT (O-l) in
the Marine Corps Reserve with a date of rank of 2 February 1943.
At the time of his commission,
commissioned service during which he was promoted to  
(O-2).
relieved of duty on 10 November 1940.

He served on active duty from 1 August 1940 until he was

he had prior Army Reserve

1stLT

d.

10 April 1943, Subject was placed under arrest by the
commanding officer for a period of 10 days for having been under
the influence of intoxicating liquor and being incapacitated for
the proper performance of his duties.

d.

Subject served without further incident until 16 June

1943 when he was tried by general court-martial for two
specifications of disobedience of an order, two specifications
He was acquitted of the
of breaking arrest, and drunkenness.
charges of disobedience and breaking arrest, but was found
guilty of drunkenness.
labor for 12 months and to be dismissed from the Marine Corps.
On 28 June 1943, the convening authority approved the findings
and the sentence, but remitted that portion of the sentence
pertaining to confinement and corresponding accessories.

He was sentenced to confinement at hard

e.

On 10 July 1943, Subject was transferred to the Marine

Barracks at Treasure Island and confined to the limits of
Treasure Island to await final action on the general  
martial.
On 10 September 1943, Headquarters, Marine Corps
requested that the Adjutant General of the Army provide the
circumstances surrounding Subject's relief from active duty on
10 November 1940 and information on his fitness to serve as a
commissioned officer.
and the commanding officer recommended that he be immediately
dismissed.

Subject broke arrest on 11 September 1943

court-

f.

On 18 September 1943,

the Adjutant General responded
that Subject was relieved from active duty on 10 November 1940
by reason of psychoneurosis,
three small worthless checks.
to locate him at that time, he was discharged under honorable
conditions on 21 June 1941.
separation clearly demonstrated that he did not possess those
qualities so necessary for an officer in the Reserve Corps.

and was later charged with passing
However, since it was impossible

The circumstances leading to his

 

_

2

Q-

On 15 October 1943, the Secretary of the Navy, in

conformity with Article 53 of the Articles for the Government of
the Navy, submitted the record of proceedings to the President
with the recommendation that the sentence, as mitigated, be
confirmed.
20 October 1943 and dismissal was to become effective upon
delivery of the promulgating letter from the Secretary of the
Navy.

The President confirmed the sentence as mitigated on

h.

On 2 November 1943, Subject was again charged with

breaking arrest.
be in good physical condition except that he was found to be
under the influence of intoxicating liquor.

Examination by a medical officer  

found.him  to

i.

Subject received notice on 5 November 1943 that he was

no longer an officer in the Marine Corps Reserve and was
dismissed.

CONCLUSION:

Prior to accepting a

In this regard, the Board notes  

Subject would never have been enlisted

28 months as an enlisted Marine and was promoted to CPL.

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
,Subject's prior
commissioned service in the Army Reserve, in which he was
relieved of duty because of psychoneurosis and was subsequently
discharged under honorable conditions.
field commission in the Marine Corps Reserve, he served more
than 
Under current standards,
in the Marine Corps given his problems in the Army.
the time, the country was at war and there was a great need for
able fighting men.
have enlisted without disclosing his prior service.
appears that he did so out of desire to serve his country in
wartime.
The Board believes that his alcoholism, his relief
from duty by the Army Reserve in 1940 for psychoneurosis, and
his subsequent honorable enlisted Marine Corps service are
significant mitigating factors.
officers are held to a higher standard, but nevertheless it
believes that dismissal from the service by the general
 
martial was unduly harsh based on a finding of guilty on a
single charge of drunkenness.
be appropriate and just to recharacterize his dismissal from the
Marine Corps to a general discharge under honorable conditions.

The Board is well aware that

It is apparent to the Board that Subject may

The 

Board,concludes  that it would

court-

However, at

However, it

3

RECOMMENDATION:

a.

That Subject's naval record
he was issued a general discharge by
5 November 1943 vice being dismissed

be corrected to show that
reason of misconduct on
on that date.

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 4 January 2000.

4.

It is certified that a quorum was present at the

Board's review and deliberations,
true and complete record of the Board's proceedings in the above
entitled matter.

and that the foregoing is a

ROBERT D. ZSALMAN
Recorder

Acting Recorder

5. The Foregoing action of the Board is submitted for
review and action.

your

Reviewed and Approved:

AUG 18 2000

Joseph G.
Assistant
(Manpower

Lynch
General Counsel
& Reserve Affairs)