Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 06948-00
Original file (06948-00.pdf) Auto-classification: Approved
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



Similar Decisions

  • NAVY | BCNR | CY2001 | 08100-01

    Original file (08100-01.pdf) Auto-classification: Approved

    The Board, consisting of Mr. Beckett, Mr. Leeman and Mr. Taylor, reviewed Petitioner's allegations of error and injustice on 16 April 2002 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. In any case, the Board concludes that the bad conduct discharge should now be recharacterized to general as a matter of clemency. That this Report of Proceedings be filed in Petitioner's naval record c. That...

  • NAVY | BCNR | CY2009 | 08442-09

    Original file (08442-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SJN Docket No: 8442-09 10 May 2010 From: Chairman, Board for Correction of Naval Records TOs Secretary of the Navy RECORD OF Subj: REVIEW NAVAL Ref: (8) 10 0.8.C. Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board requesting an upgrade of the bad conduct discharge (BCD) he received on 18 March 1949. The Board, consisting of Messrs. Exnicios, Pfeiffer,...

  • NAVY | BCNR | CY2001 | 03292-01

    Original file (03292-01.pdf) Auto-classification: Denied

    3292-01 27 August 2001 Dear _ This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552. considered your application on Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 22 August 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. (NJP) for...

  • NAVY | BCNR | CY2005 | 03845-05

    Original file (03845-05.rtf) Auto-classification: Approved

    h. On 9 November 1943 the DC’s punishment of 5 November 1943 was published and Petitioner was charged and convicted by summary court-martial (SCM) on that same day of breaking arrest and falsehood. The offense of breaking arrest would not appear to warrant a bad conduct discharge, and there is no evidence in the record to support the offense of falsehood. c. That, upon request, the Veteran’s Administration be informed that Petitioner’s application was received by the Board on 18 May 2005.4.

  • NAVY | BCNR | CY2008 | 11857-08

    Original file (11857-08.pdf) Auto-classification: Approved

    The minimum average marks required for a fully honorable characterization of service were 3.25 in conduct and 2,75 in overall traits on 26 November 1951. e. Reference (b) sets forth the Department of the Navy’s current policies, standards and procedures for administratively separating enlisted service members. Corps officials with the authority to involuntarily separate | those service members who commit a homosexual act or acts. Based upon Petitioner’s overall record of service...

  • NAVY | BCNR | CY2002 | 00673-02

    Original file (00673-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, Board requesting, in effect, to show a more favorable type of discharge than the bad conduct discharge issued on 13 June 1951. that his naval record be corrected filed enclosure (1) with this 2. the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. Based on In view of the foregoing, the Board finds the existence of an injustice warranting the...

  • NAVY | BCNR | CY2006 | 01842-06

    Original file (01842-06.rtf) Auto-classification: Approved

    CONCLUSION:Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. The Board’s finding is based on Petitioner’s youth and limited education, the severity of the punishment awarded for the nature of his misconduct, and his good post service conduct. The Board does not condone Petitioner’s misconduct, but notes that his infractions consisted of four very short periods of UA and two instances of improper watch standing.

  • NAVY | BCNR | CY2001 | 04728-01

    Original file (04728-01.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference former enlisted member of the Marine Corps, Board requesting, in effect, that his naval to show a more favorable discharge than the discharge on 30 December 1953. , Petitioner, a (a) applied to this record be corrected undesirable The Board, consisting of Messrs. Milner, Harrison, and Shy 2. reviewed Petitioner's allegations of error and injustice on 15 November 2001 and, pursuant to its regulations, determined that the corrective action indicated...

  • NAVY | BCNR | CY2002 | 00552-02

    Original file (00552-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps applied to this 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 11 April 1946. f. On 25 July 1945 the convening authority approved only so much of the sentence that call for a bad conduct discharge (BCD), confinement for five months and forfeitures of $20 for six months. The suspended bad...

  • NAVY | BCNR | CY2002 | 01485-02

    Original file (01485-02.pdf) Auto-classification: Approved

    1552 Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Navy, Board requesting that the characterization of his discharge be changed. Although the Board does not condone Based on the foregoing, and considering the fact Petitioner has suffered the consequences of a BCD for nearly 60 years, the Board concludes that no useful purpose is served by continuing...