DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3754-01
28 September2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) 10 U.S.C.1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record
1.
Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, applied to this Board
requesting, in effect,
that his naval record be corrected to
show a more favorable discharge than the undesirable discharge
issued on 23 June 1953.
The Board, consisting of Messrs. Pfeiffer,
2.
Pauling reviewed Petitioner's allegations of error and injustice
on 26 September 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.
Novello, and
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 .
Petitioner enlisted in the Navy on 20 June 1951 for a
minority enlistment at age 17.
advanced to SN (E-3) and served without incident until 26 March
1953 when his command was notified by a naval hospital that he
was being treated for a venereal disease.
that Petitioner had contracted gonorrhea four times since July
1952 and discharge for unclean habits was recommended.
His record reflects that he was
The hospital stated
d.
On 11 May 1953 Petitioner was notified that he was
being recommended for discharge by reason of unfitness.
advised of his procedural rights and declined to submit a
statement in his own behalf.
recommended that Petitioner be discharged by reason of unfitness
due to unclean habits.
Thereafter, the commanding officer
He was
e.
On 2 June 1953 an administrative discharge board
convened in the Bureau of Naval Personnel and recommended an
undesirable discharge by reason of unfitness.
Chief of Naval Personnel directed an undesirable discharge.
Petitioner was so discharged on 23 June 1953.
Thereafter, the
f.
Regulations then in effect authorized an undesirable
However, a commanding officer could
discharge for individuals discharged by reason of unfitness due
to unclean habits.
recommend to the Bureau of Naval Personnel that a different
characterization be considered.
changes authorized discharge by reason of unsuitability due to
unclean habits.
honorable or general discharge.
Individuals so separated received either'an
Additionally, subsequent policy
CONCLUSION:
In this regard, the Board notes Petitioner's youth and
and an unblemished disciplinary
Petitioner's only problem
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
immaturity, limited education,
record during two years of service.
was venereal infections.
individual would not receive such a harsh characterization under
current standards.
would be appropriate and just to recharacterize the undesirable
discharge to a general discharge under honorable conditions.
Accordingly, the Board concludes that it
The Board further notes that an
2
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
that he was issued a general discharge on 23 June 1953 vice the
undesirable discharge actually issued on that date.
b.
That a copy of the
Petitioner's naval record.
Report of Proceedings be filed in
C .
That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 10 April 2001.
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
Acting,Recorder
Pursuant to the delegation of authority set out in Section 6
5.
(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),
Board on behalf of the Secretary of the Navy.
has been approved by the
Executive D
3
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