DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
CRS
Docket No: 3780-01
1 August 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
VAL RECORD OF
(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 Marine Corps, filed enclosure (1)
with this Board requesting, in effect, that his naval record be
corrected to show a more favorable type of discharge than the
undesirable discharge issued on 15 June 1955.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George, reviewed Petitioner's allegations of error and injustice
on 24 July 2001 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record 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 enclosure (1) was not filed in
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
c. Petitioner reenlisted in the Marine Corps on 2 August 1950
after more than two years of prior active service.
He served in
Korea and was awarded the Purple Heart, Korean Service Medal with
two bronze service stars,
and the Presidential Unit Citation.
d. The record reflects that he received four nonjudicial
punishments and was convicted by four summary courts-martial.
The offenses included unauthorized absences
totalling seven days,
breaking restriction on two occasions, willful disobedience of a
lawful order, and failure to obey a lawful order.
e. On 4 April 1955 the commanding officer recommended that he
The discharge authority approved the recommendation
Petitioner was so discharged on 15 June 1955.
be separated with an undesirable discharge by reason of
unfitness.
and directed that an undesirable discharge be issued by reason of
unfitness.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
In this regard, the Board notes Petitioner's numerous
disciplinary actions but, since they were relatively minor in
nature, believes that they did not warrant the severe
characterization that he received.
Further, Petitioner was
awarded the Purple Heart and served in Korea during two campaigns
against the enemy.
that the discharge should be recharacterized to general.
In view of the foregoing,
injustice warranting the following corrective action.
RECOMMENDATION:
Based on the foregoing, the Board concludes
the Board finds the existence of an
a. That Petitioner's naval record be corrected to show that he
was issued a general discharge by reason of unfitness on 15 June
1955 vice the undesirable discharge issued on that date.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
C . That, upon request, the Veterans Administration be informed
that Petitioner's application was received by the Board on 7 May
2001.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
P
ROBERT D. ZSALMAN
Recorder
-
h+
7
E. GOLDSMITH
/
Acting Recorder
5. Pursuant to the delegation of authority set out in Section
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.
G-
DEAN PFEIFFER
w.
Executive Director
3
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