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 His probation was revoked on 11 October 1944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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