DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
a .
2 NAVY NNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 1450-00
12 July 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Navy filed enclosure
(1) with this Board requesting that his record be corrected to
show a better characterization of service than the undesirable
discharge issued on 15 March 1955.
The Board, consisting of Mr.
2.
Hare, reviewed Petitioner's allegations of error and injustice on
26 June 2001 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
Mazza, Mr. Harrison and Ms.
The Board, having reviewed all the facts of record pertaining
3.
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 was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
C .
Petitioner reenlisted in the Navy on 17 October 1950
after three years of prior active duty.
19 October 1954 he received nonjudicial punishments for
disobedience.
periods of restriction.
Punishment in both cases extended only to brief
On 19 November 1953 and
d.
On 25 September 1954 he was arrested by civil
use of an automobile and
authorities on a charge of unauthorized
was held pending trial.
On 18 November 1954 he pled guilty to
He
the offense and was sentenced
paid the fine on 23 November 1954 and was delivered to the shore
patrol that same day.
to+a fine of $100 and costs.
e.
A special court-martial convened on 9 December 1954 and
convicted Petitioner of an unauthorized absence of about 63 days,
the period he was held by civil authorities, and missing ship's
movement during that period.
reduction in rate and a letter of reprimand.
The court sentenced him to a
f.
Subsequently Petitioner was processed for an
administrative discharge based on his conviction by civil
On 25 February 1955 the discharge authority
authorities.
approved the recommendation of his commanding officer that he be
discharged for misconduct with an undesirable discharge.
so discharged on 15 march 1955.
He was
g-
Concerning the charge of unauthorized use of an
automobile, Petitioner states that his wife and children were
sick and they had not received their allotment check.
that he started hitchhiking and walking from Portsmouth to
Staunton Virginia to assist his wife.
home about midnight when he discovered an unlocked care with the
Yielding to temptation he took the car to
keys in the ignition.
He states that he stayed with his wife
complete his journey.
over the weekend, drove the car back to Portsmouth and told the
No damage was done to the vehicle and
police what he had done.
He contends that there is no
it was returned to the owner.
evidence he was convicted of a felony and he was improperly
discharged.
He was walking towards
He states
h.
The Board obtained a report from the Federal Bureau of
Investigation (FBI) which shows that he was arrested on 24
September 1954 for grand larceny of an automobile but there is no
There are no
disposition of that charge entered on the report.
other entries on the FBI report.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
In this regard, the Board notes that prior to the civil
action.
conviction, Petitioner's record was marred by only the very minor
disciplinary actions.
the Board is aware that Petitioner's unauthorized absence
resulted from his period of civil confinement when he was held by
the civil authorities
absent
events
by the
pending trial, and not out of any desire to
himself.
is supported by the very lenient sentence that was imposed
court.
However, the Board believes that he was properly
. The Board notes Petitioner's version of the
Concerning the court-martial conviction,
2
discharged under regulations
relatively minor nature of the offense and the fact that he has
been a good citizen since 1955, the Board concludes that
recharacterization of the discharge is now warranted as a matter
of clemency.
theh in effect.
Given the
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
on 15 March 1955 he was issued a general discharge by reason of
misconduct vice the undesirable discharge now of record.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
.
That the Department of Veterans Affairs be informed upon
C .
request that Petitioner's application was received by the Board
on 23 February 2000.
It is certified that a quorum was present at the Board's
4.
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
&y
.
Acting Recorder
i g@
Pursuant to the delegation of authority set out in Section
5.
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
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