DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No: 5081-01
26 December 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy,
Board requesting, in effect,
a more favorable type of discharge than the bad conduct discharge
issued on 17 December 1948.
filed enclosure (1) with this
that his record be corrected to show
The Board, consisting of Messrs. Pfeiffer, Whitener and
2.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 18 December 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
C .
Petitioner enlisted in the Navy on 2 February 1948 for
three years at age 17.
education and average test scores.
was advanced to SA (E-2) on 29 April 1948.
At that time, he had nine years of formal
The record reflects that he
d.
Petitioner served without incident until 23 July 1948
when he was convicted by general court-martial of two periods
of unauthorized absence (UA) totalling 21 days, from 26 June to
Petitioner was
On 1 September 1948 the convening authority reduced
transfer orders after the first period of UA.
sentenced to confinement at hard labor for nine months, reduction
in rate to SR (E-l), total forfeitures, and a bad conduct
discharge.
Thereafter,
the confinement and forfeitures to six months.
Petitioner waived the right to appear before the clemency and
restoration board.
On 8 December 1948 the Secretary of the Navy
approved the convening authority's action and directed remission
of the unexecuted portion of confinement on 17 December 1948,
conditioned upon satisfactory conduct.
bad conduct discharge on 17 December 1948.
Petitioner received the
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 that Petitioner was
only 17 years old and had nine years of formal education when he
was convicted by general court-martial.
not believe he would have received a general court-martial under
current standards for two periods of UA totalling less than 30
days and failure to comply with transfer orders.
concludes that a bad conduct discharge was unduly severe for two
minor
appropriate and just to recharacterize the bad conduct discharge
to a general discharge under honorable conditions.
UAs and disobedience of orders and
therefore deems it
The Board
Further, the Board does
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that
Petitioner was issued a general discharge by reason of misconduct
on 17 December 1948 vice the bad conduct discharge actually
issued on that date.
b.
That 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 25 June 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.
&
ALAN E.
Acting Recorder
Go SMITH
ROBERT D. ZSALMAN
Recorder
2
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Executive Dir
3
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