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NAVY | BCNR | CY2001 | 07438-01
Original file (07438-01.pdf) Auto-classification: Denied
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. 

12'- 
/  < 

ROBERT  D .   ZSALMAN 
R e c o r d e r  

C c   .'  <' 

,-,.4 -- 
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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