DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 6337-00
6 August 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
Bti
(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 Naval Reserve, 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
general discharge issued on 20 August 1951.
2. The Board, consisting of Ms. Gilbert, Mr. Ivins, and Mr.
Neuschafer, reviewed Petitioner's allegations of error and
injustice on 18 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 enlisted in the Naval Reserve on 9 April 1947
after more than three months of prior active service.
At that
time, Petitioner reported that he had a wife and three children.
d. On 28 March 1951 Petitioner filled out a dependency form
that correctly stated that he had four dependents.
e. On 28 June 1951 Petitioner was informed that he was not
However, he
eligible for active duty if he had four dependents.
could submit an affidavit stating that four dependents would not
While his response is not in the record,
constitute a hardship.
it appears that he did not submit the required affidavit.
Subsequently, on 20 August 1951 he received a general discharge
Petitioner was not
by reason of convenience of the government.
assigned any marks during this period of service.
CONCLUSION:
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 never
action.
concealed the fact that he had four dependents.
there is no adverse action in his record, the Board does not
believe his record warranted the characterization that he
received.
discharge should be recharacterized to honorable.
In view of the foregoing,
injustice warranting the following corrective action.
RECOMMENDATION:
Based on the foregoing, the Board concludes that the
Further, since
the Board finds the existence of an
a. That Petitioner's naval record be corrected to show that he
was issued an honorable discharge by reason of convenience of the
government on 20 August 1951 vice the general 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 18
September 2000.
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.
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
Acting Recorder
2
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
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
Executive
3
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