DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 1582-01
20 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
(3) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
1.
Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Marine Corps filed
enclosure (1) with this Board requesting that his record be
corrected to show a better characterization of service than the
separation under honorable conditions and the subsequent general
discharge.
The Board, consisting of Mr. Cooper, Mr. Lightle and Mr.
2.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 17 July 2001 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.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
Documentary material
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
Petitioner enlisted in the Marine Corps on 28 August
,"t age 18.
He satisfactorily completed initial training and
1952
on 5 April 1953 he disembarked in Korea.
was convicted by a special court-martial of dereliction of duty
when he did wake up to take over his duty as a phone watch.
The
court sentenced him to a reduction to PVT, forfeitures of pay and
two months confinement at hard labor.
was promoted to PFC and left Korea on 8 August 1954.
He returned to duty and
On 5 January 1954, he
He was
released from active duty on 26 January 1955 with his service
He was
characterized as being under honorable conditions.
subsequently issued a general discharge at the end of his
military obligation on 27 August 1960.
d.
Character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations.
was 3.9.
at the time of his separation for a fully honorable
characterization of service.
A minimum average mark of 4.0 in conduct was required
Petitioner's conduct mark average
e.
Petitioner has submitted character references which show
leader.in Korea.
that he has been a good citizen for many years.
a reference from a retired Marine master sergeant who was his
squad
He states that Petitioner was a valued
member of the squad with a good attitude, and the court-martial
was caused by an over zealous young officer who was determined to
make an example of everyone even remotely involved in this
incident.
A retired Marine colonel states that Petitioner is a
good citizen and he believes an injustice was done in this case.
He has submitted
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, in retrospect, the offense of
which he was convicted appears to be relatively minor, and only
the low mark assigned at that time reduced his conduct mark below
the requirement for an honorable characterization of service.
Given the isolated nature of the offense and the good character
references, the Board concludes that no useful purpose is served
by continuing to stigmatize his service as less than fully
honorable and recharacterization is now warranted.
the record should be corrected to show that his service was
characterized as honorable when he was released from active duty
on 26 January 1955, and that he was issued an honorable discharge
at the end of his military obligation on 27 August 1960.
Therefore,
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
his service was characterized as honorable on his release from
active duty on 26 January 1955 and he was issued an honorable
discharge at the end of his military obligation on 27 August 1960
vice the characterization of under honorable conditions and the
general discharge now of record.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
2
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.
l---
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&$5
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
Acting Recorder
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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
FA
w.
Executive Director
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