DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 6165-01
29 November 2001
From:
To:
Subj:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
OF
Ref:
(a) 10 U.S.C.1552
Encl:
(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
requesting, in effect,
that his naval record be corrected to
show a more favorable discharge than the undesirable discharge
on 12 January 1948.
Na\ty, applied to this Board
The Board, consisting of Messrs. Pfeiffer, Brezna, and
2.
Swarens reviewed Petitioner's allegations of error and injustice
on 28 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 .
Petitioner enlisted in the Navy on 22 January 1946 for
three years as a seaman first class.
enlistment, he had completed nearly three years of prior active
service in the Naval Reserve.
he served on board the USS CHENANGO (CVE-28) against Japanese
forces from December 1942 to October 1943.
During his Naval Reserve service,
At the time of his
d.
During the 17 month period from April 1946 to September
On 28 October 1947 the medical department requested
1947 Petitioner received two nonjudicial punishments (NJP) for
failing to muster and a four hour period of unauthorized
absence.
that Petitioner be discharged by reason of unsuitability due to
repeated venereal infections, specifically, seven such
infections from April 1946 to October 1947.
submitted a statement requesting that he be allowed to complete
his enlistment and earn an honorable discharge.
Petitioner
e.
The commanding officer requested authority to discharge
Petitioner by reason of unfitness.
He stated that Petitioner
had demonstrated that he was totally unfit for retention due to
On 23 December 1947 a board of officers
his unclean habits.
convened in the Bureau of Naval Personnel and recommended an
The Chief of
undesirable discharge by reason of unfitness.
Naval Personnel approved the recommendation and Petitioner was
so discharged on 12 January 1948.
f. Character of service normally was based, in part, on
Minimum average marks of 3.25 in conduct and 2.75
conduct and proficiency averages which were computed from marks
assigned during periodic evaluations.
conduct and proficiency averages were 3.85 and 3.7,
respectively.
in proficiency were required at the time of Petitioner's
discharge for a fully honorable characterization of service.
Those who did not meet the requirements received a general
Since Petitioner was discharged by reason of
discharge.
unfitness, his averages were not used to characterize his
service.
Petitioner's final
g-
Subsequent to Petitioner's discharge, a change in
policy became effective which directed that individuals
discharged due to venereal infections be separated by reason of
Characterization of service for service members
unsuitability.
discharged for this reason was determined by the conduct and
proficiency averages.
2
CONCLUSION:
Additionally, his two
NJPs were for very
While he did have a significant number of
the Board does not believe they warranted
In this regard, the Board notes his prior honorable
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
World War II service.
minor offenses.
venereal infections,
the lifelong stigma of an undesirable discharge.
Petitioner was appropriately discharged for unfitness, standards
changed subsequent to Petitioner's discharge so that individuals
separated under similar circumstances received an honorable or
general discharge, as warranted by the service record.
the foregoing, the Board believes that no useful purpose is
served by continuing to characterize Petitioner's service as
undersirable, and it would be appropriate and just to
terize his undesirable discharge to a fully honorable discharge
as warranted by his service record.
Although
Based on
recharac-
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
that he was issued an honorable discharge on 12 January 1948
vice the undesirable discharge actually issued on that date.
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 19 July 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
Pursuant to the delegation of authority set out in Section 6
5.
(e) of the revised Procedures of the Board for Correction of
3
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 Dir
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