DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECOR

2 NAVY ANNE

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WASHINGTON DC 20370-510

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D

kLP
Docket No. 4728-01
19 November 2001

From:
To:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

Subj:

REVIEW OF NAVAL RECORD OF

Ref:

Encl:

(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
former enlisted member of the Marine Corps,
Board requesting, in effect, that his naval
to show a more favorable discharge than the
discharge on 30 December 1953.

, Petitioner, a

(a) 
applied to this
record be corrected
undesirable

The Board, consisting of Messrs. Milner, Harrison, and Shy

2.
reviewed Petitioner's allegations of error and injustice on
15 November 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.

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 .

1953 for three years at age 21.

Petitioner enlisted in the Marine Corps on 7 August
On his enlistment document,

"Nor' to the questions  

Petitioner answered  
arrested"; have you ever been convicted of a crime"; and  
you ever been sentenced by any court?" At the time of his
reenlistment, Petitioner had three years of prior active service
in the Regular Army and served in Korea.

"have you ever been

"have

d.

On 8 October 1953 the Commandant of the Marine Corps

advised the Marine Corps Recruit Depot that Petitioner had
fraudulently enlisted by concealing a juvenile conviction for
armed robbery and the ensuing sentence to a year's probation.

e.

On 27 November 1953 Petitioner stated that he did

not wish to make a statement concerning his arrest for armed
robbery and that he did not desire to remain in the Marine
Corps.
Petitioner not be retained and the commanding general directed
an undesirable discharge.
30 December 1953.

Thereafter, the commanding officer recommended that

Petitioner was so discharged on

f.

On 19 February 1954 the Board of Review, Discharges and
(BRDD) denied Petitioner's request for upgrade of his

Dismissals 
discharge.

g.

In support of his application, Petitioner provides
"The

documentation that he is a member in good standing of
Chosin 
juvenile court judge to the BRDD.
states, in pertinent part, as follows:

Few" and a letter, dated 26 January 1954, from the

In that letter the judge

 

"I have been advised that the above named ex-serviceman
received an undesirable discharge from the Marine Corps on
November 30, 1953.

I am told that this undesirable discharge dates back to
1950 when (Petitioner) was a juvenile and participated in a
foolish prank in the City of Fond du  

Lat.

I am writing as a friend of the Board of Review so that I
may present the facts as they came to me as Juvenile Judge
of Fond Du Lac County, who handled this matter in Juvenile
Court.

It appears from
available, that
and another boy
city of Fond du

the record on file and from the testimony
on the 21st day of July, 1949, (Petitioner)
10 years of age approached a tavern in the
Lac; that (Petitioner) entered the tavern

2

and pretended he desired to hold up the proprietor.
told to leave or they would call the police.
leave, told the proprietor "Forget the whole thing!"

He did then

He was

A thorough investigation was

It appeared that (Petitioner) had been in no

This escapade was brought to the attention of the Juvenile
Court five months thereafter.
made.
difficulty prior to the 21st of July, 1949, and had been in
none up to the time the Juvenile conference was held,
except as before stated.
reputable family in the county of Fond du  
family has ever been in difficulty.
(Petitioner) was asked to report to the Juvenile Officer
who is a friend of the Court,
officer, for a few weeks.
was taken.

(Petitioner) comes from a very

rather than a probation

This he did.

No further action

As a result

Lat.

None of his

Since the Juvenile records in the State of Wisconsin are
confidential, there was no record available to the public
which should have been revealed to the disadvantage of
(Petitioner).
that there is no record in the Courts of Fond du Lac county
There is none which is available to
against (Petitioner).
the public.

Accordingly, you may have received reports

I am merely relating the facts to the Board as they appear
If this information can be helpful
in a Juvenile record.
to (Petitioner), who rendered
county as a member of the armed services between the dates
of April 6, 1960 and April 7, 1953, I am happy to be in a
position to present these facts.

distinguished service to his

. ‘I
. 

 

CONCLUSION:

Petitioner was obligated to disclose his juvenile

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 Petitioner had no
action.
disciplinary actions during the short five months he was in the
Marine Corps.
record and it was within the purview of the Marine Corps to
However, the Board
discharge him when he failed to do so.
believes that awarding him an undesirable discharge was unduly
severe given his prior honorable Army service in which he served
in Korea.
Petitioner only wanted to further serve his country and from
the foregoing statement provided by the judge, it appeared

In retrospect, it appears to the Board that

3

reasonable for Petitioner to conclude that "No" was the
appropriate answer to the questions on his enlistment paper
regarding whether he was ever arrested, tried or convicted of
a crime.
continue to stigmatize Petitioner's Marine Corps service as
The Board concludes that it would be appropriate
undesirable.
and just recharacterize the undesirable discharge to a general
discharge under honorable conditions.

The Board believes that no useful purpose is served to

RECOMMENDATION:

That Petitioner's naval record be corrected to show

that he was issued a general discharge on 30 December 1953 vice
the undesirable discharge issued on that date.

a.

b.

That a copy of the Report of Proceedings be filed in

Petitioner's naval record.

C .

That, upon request, the Department of Veterans Affairs

be informed that Petitioner's application was received by the
Board on 11 June 2001.

It is certified that a quorum was present at the Board's

4.
and that the foregoing is a true and
review and deliberations,
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), has been approved
Board on behalf of the Secretary of the Navy.

by the

Executive D