DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 6761-01
10 December 2001
From:
To:
Subj:
Chairman, Board for Correction of Naval Records
Secretary-of the Navy
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
,to the provisions of reference (a), Petitioner, a
filed enclosure (1) with this
that his naval record be corrected
1. Pursuant
former enlisted member of the Navy,
Board requesting, in effect,
to show a more favorable type of discharge than the general
discharge issued on 12 October 1951.
2. The Board, consisting of Messrs. Pfeiffer, Brezna, and
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
Documentary material considered by
available evidence of record.
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 Navy on 28 August 1951 at age
His record contains no marks and no disciplinary actions.
17.
d. On 9 October 1951 an aptitude board found Petitioner unable
to adapt since he was preoccupied with thoughts of his home and
mother.
Petitioner was discharged with a general discharge by reason of
unsuitability on 12 October 1951.
The board recommended discharge.
Subsequently,
In this regard, the Board concludes that his general
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
discharge should be recharacterized based on the lack of any
Accordingly, the Board believes that
disciplinary actions.
Petitioner's discharge should be changed to honorable.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was issued an honorable discharge by reason of unsuitability on
12 October 1951 vice the general 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 24
August 2001.
4. It is certified that a quorum was present at the Board's
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
I
/&$$5~~&
ALAN E. GOLDSMITH
Acting Recorder
ROBERT D. ZSALMAN
Recorder
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
2
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