DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
10 August 2001
6948-00
From: Chairman, Board for Correction of Naval Records
To:
Subj:
Secretary of the Navy
AL RECORD OF
I
(a) 10 U.S.C. 1552
Ref:
Encl: (1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
filed enclosure (1) with this
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy,
Board requesting, in effect,
that his naval record be corrected
to show a more favorable type of discharge than the bad conduct
discharge issued on 10 August 1949.
2. The Board, consisting of Messrs. Pfeiffer, George, Zsalman,
reviewed Petitioner's allegations of error and injustice on 25
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,
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:
regulations and policies.
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
the.
timely manner, it is in the interest of justice to waive
statute of limitations and review the application on its merits.
c. Petitioner enlisted in the Navy on 30 September 1947.
d. A summary court-martial convened on 24 June 1949 and found
Petitioner guilty of stealing a fishing rod and reel from a
The court
fellow Sailor and reselling it to another Sailor.
sentenced him to forfeitures of $30 per month for eight months,
extra duty for three months, and a bad conduct discharge. He
received the
bad,conduct discharge on 10 August 1949.
corraborates this contention.
consideration of all the evidence of record, the
that Petitioner's request warrants favorable
e. Petitioner requested that his discharge be changed so he
could be buried next to his deceased wife in a military cemetery.
An FBI
He also stated that his postservice conduct was good.
report obtained by the Board
CONCLUSION:
Upon review and
Board concludes
action.
In this regard, the Board notes that Petitioner stole
personal property from a shipmate and sold that stolen property
to another Sailor.
in nature, the Board believes that the offenses did not warrant
the severe characterization that he received.
Petitioner's postservice conduct has been good.
foregoing, the Board concludes that the discharge should be
recharacterized to general.
In view of the foregoing,. the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
However, since the theft was relatively minor
Further,
Based on the
a. That Petitioner's naval record be corrected to show that he
was issued a general discharge by reason of misconduct on 10
August 1949 vice the bad conduct 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 16
October 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
.
Acting Recorder
I
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),
behalf of the Secretary of the Navy.
has been approved by the Board on
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