DEP
FO
BOARD
4RTMENT OF THE. NAVY
3 CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
W 4SHINGTON DC 20370-510
0
TRG
Docket No: 2047-01
6 June 2001
Chairman, Board
Secretary of the
fd)r Correction of Naval Records
:Javy
(a) Title 10
U.S.1:. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(2) Subject's
navil record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of
1.
daughter and grandson of a former enlisted member of the United
States Naval Reserve
filed enclosure (1) with this Board
requesting that his record be correctad to show a better
characterization of service than the
to him on 18 January
ref'arence (a), Petitioners, the
:oad conduct discharge issued
1913.
2.
Davies, reviewed
on 22 May 2001 and,
the corrective action
available evidence of
the Board consisted of
applicable statutes,
The Board, consisting of Mr. Frankfurt, Mr. Neushafer and Ms.
Petitioler's allegations of error and injustice
pursuant to its regulations, determined that
in'dicated below should be taken on the
rezord.
Documentary material considered by
tie enclosures, naval records, and
regulations and policies.
The Board, having
3.
to Petitioner's
follows:
reviewed all the facts of record pertaining
allegations of error and injustice, finds as
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies
regulations within the
available under existing law and
Department of the Navy.
b.
Although it
not filed in a timely
waive the statute of limitations and review the application on
its merits.
appears that Petitioner's application was
manner, it is in the interest of justice to
C .
Subject,enlisted in the Naval Reserve Force on 4 October
On 8 January 1918 he was discharged from that component to
1917.
enlist in the Regular
manner for about 10
by a summary
hours.
On 14
was suspended for a
January 1919 he was convicted by another summary court-martial of
He then served in an excellent
On 8 November 1918, he was convicted
court-martis of an unauthorized absence of about 12
The court sentenced him to a bad conduct discharge, which
probationary period of four months.
Naq.
montls.
an unauthorized absence
him to a bad conduct
January 1919.
of about two
days. The court sentenced
He was so discharged on 18
dis(:harge.
d.
At the outbreak of World War II, Subject applied for
Nalral Reserve
marr:.ed with five dependent children.
SubsequenKy, he was granted a waiver
reenlistment in the Navy
and reenlisted in the
on 3 October 1942 at age 46.
The
At that time he was
record shows that he left: the United States on 13 January 1944.
During the next 18 month:;
he participated in numerous campaigns
and engagements
he was commended by his
energy he displayed as a member of a
Marine Combat Team
returned to the United
discharged on 18 July
the Presidential Unit
Marine Division.
during the invasion of Saipan Island. He
(:ommanding officer for the industry and
On 20 September 1945 he was awarded
S,:ates on 3
19d15.
ci.:ation for
throughollt the Pacific area.
Ju:ty 1945 and was honorably
shore party supporting a
hi:; service with the 4th
On 25 October 1944
e.
Subject's
Subject's request to
by the Board of Review,
1945.
Apparently, he
died on 22 October 1985
CONCLUSION:
family! has submitted evidence showing that
recllaracterize the 1919 discharge was denied
Ijischarges and Dismissals on 8 January
citi:?en all of his life. He
wa,; a good
;it age 82.
*
result,ng from
consideration of all
,the evidence of record the
Pet_tioner's request warrants favorable
The Board notes that although proper at the time, a bad
unau,thorized absences totaling
Upon review and
Board concludes that
action.
conduct discharge
about two and a half day;
The Board
perspective.
voluntary service during World War II is sufficient to overcome
the bad conduct
the Board concludes that the discharge should now be
recharacterized to a
conditions.
,also believes that his excellent
dischargla, which is under honorable
is very severe from today's
dischargl2 issued on
1;3 January 1919.
genlsral
Therefore,
RECOMMENDATION:
That Subject's naval record be corrected to show that on 18
issued a general discharge by reason of
conduct discharge actually issued on that
a.
January 1919 he was
misconduct vice the bad
date.
b.
naval record.
4.
That this, Report of
?roceedings
b'a filed in Petitioner's
It is certified that a quorum was present at the Board's
2
review and deliberations,
complete record of the
matter.
and that the foregoing is a true and
Bclard's proceedings in the above entitled
ROBERT D. ZSALMAN
Recorder
Acting Recorder
delecration of authority set out in Section
Procctdures of the Board for Correction of
5.
Pursuant to the
6(e) of the revised
Naval Records (32 Code
and having assured
compl:.ance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
(it), has been approved by the Board on
authority of reference
behalf of the Secretary
of the Navy.
01' Federal Regulations, Section 723.6(e))
-KQ&&;rL
Fm W. DEAN
PFEIFFER
Executive Director
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