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NAVY | BCNR | CY2001 | 08100-01
Original file (08100-01.pdf) Auto-classification: Approved
DEPARTMENT OF  THE  NAVY 

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  

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   TRG 

Docket No: 8100-01 
19 April 2002 

From: 
To : 

Chairman, Board for Correction of Naval Records 
Secretary of the Navy 

Sub j : 

Ref: 

(a) Title 10 U.S.C.  1552 

Encl : 

(1) DD Form 149 w/attachments 
(2) Case Summary 
(3) Subject' s naval record 

1.  Pursuant to the provisions of reference  (a), Petitioner, a 
former enlisted member of the Naval Reserve filed enclosure  (1) 
with  this Board requesting that his record be corrected to show 
a better characterization of service than the bad conduct 
discharge issued on 21 October  1944. 

2.  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.  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 Petitioner's  application 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 Naval Reserve on 3 July 1943 

at age 18 and reported for active duty on 10 July 1943.  On 3 
October 1943 he reported for duty at the Naval Magazine, Port 
Chicago, CA.  On 20 June 1944 he received nonjudicial punishment 
for destruction of government property.  A general court-martial 
convened on 25 July 1944 and convicted him of the unauthorized 
use of another individuals automobile  (a 1935 Ford).  The court 
sentenced him to reduction to apprentice seaman, forfeiture of 
all pay and allowances, confinement at hard labor for two months 

and a bad conduct discharge.  The discharge was suspended for a 
probationary period of six months and he was restored to duty on 
13 September 1944.  His probation was revoked on 11 October 1944 
when he received nonjudicial punishment for possession of another 
man's  blanket.  The bad conduct discharge was issued on 21 
October 1944. 

d.  Petitioner states in his application that his discharge 
should be upgraded because the discharges of other black Sailors 
stationed at the Naval Magazine, Port Chicago, CA  have been 
upgraded.  He implies that racism was a factor in his case. 

e.  The Board is aware that a large number of black Sailors 

were convicted by general court-martial of mutiny, after refusing 
to perform hazardous duty because of dangerous conditions, 
following the explosion of an ammunition ship at Port Chicago. 
However, most of the Sailors ultimately received general 
discharges because the bad conduct discharges were suspended on 
probation.  They did not receive bad conduct discharges unless 
they got into further trouble.  There has been no blanket upgrade 
of the general discharges. 

CONCLUSION: 

Upon review and consideration of all the evidence of record the 
Board concludes that Petitioner's  request warrants favorable 
action.  The Board believes that, although the details of the 
offense are unavailable, in appears that referring a charge of 
unauthorized use of a nine year old automobile to a general 
court-martial was excessive and that a summary court-martial 
would have been more appropriate.  The Board also believes that, 
in retrospect, it was unduly severe to terminate Petitioner's 
probation for the very minor offense of possession of another 
man's  blanket.  Whether or not there was a racial component in 
the actions taken against Petitioner cannot be ascertained from 
the record.  In any case, the Board concludes that the bad 
conduct discharge should now be recharacterized to general as a 
matter of clemency. 

RECOMMENDATION : 

a.  That Petitioner's naval record be corrected to show that 
on 21 October 1944 he was issued a general discharge by reason of 
misconduct vice the bad conduct discharge now of record. 

b.  That this Report of Proceedings be filed in Petitioner's 
naval record 

c.  That the 
request that 

Department of Veterans Affairs be informed upon 
Petitioner's  application was received by the Board 

2 

request that Petitioner's  application was received by  the Board 
on 22 October 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 
complete record of the Board's  proceedings in the above entitled 
matter. 

- 

ROBERT D.  ZSALMAN 
Recorder 

Acting Recorder 

5.  Pursuant to the delegation of 
6 (e) of the revised Procedures of 
Naval Records  (32 Code of Federal 
and having assured compliance with its provisions, it is hereby 
announced that the foregoing corrective action, taken under the 
authority of reference  (a), has been approved by  the Board on 
behalf of the Secretary of the Navy. 

authority set out in Section 
the Board for Correction of 
Regulations, Section 723.6(e)) 



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