DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 5117-00
7 March 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Naval Reserve
filed enclosure (1) with this Board requesting that his record be
corrected to show a better characterization of service then the
ordinary discharge by reason of inaptitude issued on 3 December
1943.
The Board, consisting of Mr.
2.
Newman reviewed Petitioner's allegations of error and injustice
on 21 February 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
McPartlin, Mr. Beckett and Ms.
Documentary material considered by
The Board, having reviewed all the facts of record pertaining
3.
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
a timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
Petitioner was inducted into the Navy on 30 June 1943 at
C .
age 20.
On 14 October 1943, Petitioner's father requested that
his son be discharged because he could not work, there were crops
in the field and no one else to harvest them.
confirmed by the Red Cross.
granted leave to harvest the crops cannot be ascertained from the
record.
On 15 November 1943, Petitioner's father again requested
Whether or not Petitioner was
This situation was
discharge because crops needed to be cultivated for the next
year.
d.
Subsequently, Petitioner was evaluated by a doctor who
found as follows:
.
. (He) is not a psychoneurotic or a psychotic. His
.
mental intelligence is within normal limits,
- his
knowledge is restricted by his previous background.
This man is not interested in the Navy and is not
concerned with his country's objectives.
the better of the service that this man should be
recommended for an inaptitude discharge.
I feel for
The next entry in the record shows that on 3 December 1943 he was
issued an ordinary discharge by reason of inaptitude which was
allowed by regulations then in effect.
considered to be under honorable conditions.
An ordinary discharge was
e.
During his short period of service, Petitioner was only
evaluated on one occasion and assigned a 4.0 mark in conduct.
The Board is aware that current regulations require that
individuals discharged for unsatisfactory performance after a
short period of service receive either an entry level separation,
or if they have served over 180 days, the type of discharge
(honorable or general) warranted by the service record based
In this
largely on marks assigned during periodic evaluations.
regard, Petitioner's mark of 4.0 in conduct would have qualified
him for an honorable discharge.
MAJORITY CONCLUSION:
Upon review and consideration of all the evidence of record, the
majority, consisting of Mr.
McPartlin and Ms. Newman, concludes
that Petitioner's request warrants favorable action.
majority notes his home situation,
Cross, and the opinion of the doctor concerning his inaptitude.
The majority concludes that no useful purpose is now served by
the ordinary discharge and the discharge should now be
recharacterized to honorable,
which was verified by the Red
as warranted by his service record.
The
MAJORITY RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
that he was issued an honorable discharge by reason of
convenience of the government due to inaptitude on 3 December
2
1943 vice the ordinary discharge actually 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 27 June 2000.
MINORITY CONCLUSION:
Mr. Beckett disagrees with the majority and concludes that
Petitioner's request does not warrant favorable action.
that Petitioner was properly discharged under regulations then in
He does not believe that Petitioner's home situation was
effect.
much different from many others inducted into the Armed forces
during World War II.
He also notes the comments of the doctor
that Petitioner was not concerned with his country's objectives.
All of these factors, lead Mr.
could have served if he had wanted to.
that an ordinary discharge was appropriate and that application
of current standards in this case is not warranted.
Beckett to believe that Petitioner
Therefore, he concludes
He notes
In view of
warranting
the foregoing, the minority finds no injustice
corrective action.
MINORITY RECOMMENDATION:
That Petitioner's request be denied.
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
3
The foregoing report of the Board is submitted for your
5.
review and action.
MAJORITY REPORT:
I
Ass istant
Gene ra’
(Manpower And Reserve
Co”nse ’.
Affairs)
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