DEPARTMENT OF T H E NAVY
T JR
Docket No: 7483-01
24 April 2002
From :
To :
Chairman, Board for Correction of Naval Records
Secretary of the Navy
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
REVIEW OF NAVAL OF RECORD - (a) 10 U.S.C. 1552
Subj :
Ref:
Encl :
(1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with this
Board requesting that the characterization of her discharge be
changed.
2. The Board, consisting of Mr. McPartlin, Ms. Nofziger, and Ms.
Suiter, reviewed Petitioner's allegations of error and injustice
on 23 April 2002 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 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 1 April 1943 at the age
of 20.
d. Petitioner served without incident until 19 August 1943
when she received captain's mast (CM) for disturbing the peace
and disrespect. The punishment imposed was restriction for two
weeks.
e. On 14 September 1944 Petitioner submitted a written
request for discharge for her own convenience. On 29 September
1944, Petitioner's request was approved and on 5 October 1944 she
was issued a general discharge under honorable conditions. At
the time of her discharge Petitioner's conduct average of 3.9 was
above the average mark of 3.25 required for a fully honorable
characterization of service.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes the nature of Petitioner's misconduct and does
not condone her infractions. However, the Board's finding is
based on Petitioner's length of service and periodic conduct
marks. In this regard, the Board notes that in well over a year
of service Petitioner's conduct average was sufficiently high to
meet the requirement for a fully honorable characterization of
service. Further, during this period she received only one CM
for relatively minor offenses. Based on the foregoing the Board
concludes that no useful purpose is served by continuing to
characterize Petitioner's service as having been under honorable
conditions, and recharacterization to a fully honorable discharge
is appropriate. Accordingly, the Board concludes that relief in
the form of recharacterization of Petitioner's discharge is
appropriate.
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
she was honorably discharged on 5 October 1944 vice issued the
general discharge under honorable conditions on that same day.
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 25 September 2001.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
c o m p l e t e r e c o r d o f t h e B o a r d ' s p r o c e e d i n g s i n t h e above e n t i t l e d
matter.
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ROBERT D . ZSALMAN
R e c o r d e r
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ALAN E . GOLDSMITH
A c t i n g Recorder
5 . P u r s u a n t t o t h e d e l e g a t i o n o f a u t h o r i t y set o u t i n S e c t i o n
6 ( e ) o f t h e r e v i s e d P r o c e d u r e s of t h e Board f o r C o r r e c t i o n of
N a v a l Records (32 Code o f F e d e r a l R e g u l a t i o n , S e c t i o n 7 2 3 . 6 ( e ) )
a n d h a v i n g a s s u r e d compliance w i t h i t s p r o v i s i o n s , i t i s h e r e b y
announced t h a t t h e f o r e g o i n g c o r r e c t i v e a c t i o n , t a k e n u n d e r t h e
a u t h o r i t y o f r e f e r e n c e ( a ) , h a s been approved by t h e Board on
b e h a l f o f t h e S e c r e t a r y o f t h e Navy.
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