DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No. 0071-02
20 May 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
AL RECORD 0
I
(a) 10 U.S.C. 1552
(1) DD Form 149 w/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, applied to this Board
requesting, in effect, that his discharge be upgraded.
The Board, consisting of Messrs. Geisler,
2.
reviewed Petitioner's allegations of error and injustice on 15
May 2002 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
Mackey, and Taylor
The Board, having reviewed all the facts of record pertaining
3.
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 to the
Board was not filed in a timely manner, it is in the interest of
justice to waiver the statute of limitations and review the
application on its merits.
C .
Petitioner was inducted into the Marine Corps on 18
January 1943 at age 19.
September 1943 when he was convicted by a summary court-martial
for exchanging post while on duty as a sentinel.
imposed was confinement for one month and forfeiture of $25 per
month for six months.
He served without incident until 24
Punishment
d.
Petitioner served without further incident until 15
September 1945 when he convicted by a second summary
court-
martial for sleeping on watch.
confinement for two months and forfeiture of $27 per month for
six months.
action against the Japanese on Bougainville, Guadalcanal, and
Okinawa between November 1943 and June 1945.
he was discharged from the Marine Corps under honorable
conditions.
His record further reflects that he participated in
Punishment imposed was
On 12 December 1945
CONCLUSION:
-record the
The Board concluded that the Petitioner was
Upon review and consideration of all the evidence of
Board now finds the existence of an injustice warranting
corrective action.
discharged correctly based on regulations in effect at that time,
which stated that if an individual was convicted by two summary
court-martials, he was to be discharged under honorable
conditions (general).
nature of his first court-martial conviction, his military
service during World War II,
and his good post service conduct.
The Board also notes that that his conduct and proficiency marks
of 4.4 and 4.2, respectively,
would normally have qualified him
Accordingly, the Board concludes
for an honorable discharge.
that an honorable discharge vice an under honorable conditions
discharge is appropriate.
relief in the form of recharacterization is appropriate.
However, the Board also noted the minor
Accordingly, the Board concludes that
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
the record to show that he was issued an honorable discharge on
12 December 1945 vice the discharge under honorable conditions
actually issued on that date.
of a new DD Form 214.
This should include the issuance
b.
That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
That any
materia.1 directed to be removed from
C .
Petitioner's naval record be returned to the Board, together with
a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Acting Recorder
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