DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
Y
S
CRS
Docket No: 673-02
24 September 2002
From
To:
: Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
AVAL RECORD OF
Ref:
(a) 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 Navy,
Board requesting, in effect,
to show a more favorable type of discharge than the bad conduct
discharge issued on 13 June 1951.
that his naval record be corrected
filed enclosure (1) with this
2. The Board, consisting of Mr. Pfeiffer, Ms. Gilbert, and Mr.
Shy, reviewed Petitioner's allegations of error and injustice on
18 September 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.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:
Documentary material considered by
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
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
c. Petitioner reenlisted in the Navy on 16 August 1949 after
more than three years of prior active service.
d. The record reflects that he received three nonjudicial
punishments and was convicted by a summary court-martial.
offenses included unauthorized absences totalling 17 days.
The
e. A second summary court-martial convened on 17 February 1951
I9
The court sentenced him to forfeitures of $50 per month
and found Petitioner guilty of an unauthorized absence of
days.
for five months, extra duty for 30 days, and a bad conduct
discharge.
1951.
He received the bad conduct discharge on 13 June
CONCLUSION:
In this regard,
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
the Board finds that Petitioner's
infractions were relatively minor in nature and questions whether
The
they warranted such a severe characterization of service.
Board also notes Petitioner's prior honorable service during
wartime and believes Petitioner has now been sufficiently
punished and that no useful purpose is served by continuing to
characterize his service with a bad conduct discharge.
the foregoing, the Board concludes that the discharge should be
recharacterized to general.
Based on
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 he
was issued a general discharge by reason of misconduct on 13 June
1951 vice the bad conduct discharge on that date.
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 28
January 2002.
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
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures
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.
of the Board for Correction of
Executive
\
NAVY | BCNR | CY2006 | 10569-06
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TJR Docket No: 10569-06 17 July 2007 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF 3_gyieinsiaiiiiieigialaamia Ref: (a) 10 U.S.C. 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 his discharge be changed. ...
NAVY | BCNR | CY2001 | 08100-01
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. In any case, the Board concludes that the bad conduct discharge should now be recharacterized to general as a matter of clemency. That this Report of Proceedings be filed in Petitioner's naval record c. That...
NAVY | BCNR | CY2009 | 03487-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No: 03487-09 20 January 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a , former enlisted member of the Navy, filed enclosure (1) with this Board requesting that the other than honorable (OTH) characterization of his discharge be changed....
NAVY | BCNR | CY2000 | 05864-00
DEPARTMENT OF THE NAVY BOARD FOR C O R R E C T I O N O F NAVAL R E C O R D S 2 NAVY ANNEX W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy T JR Docket No: 5864-00 12 March 2001 Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Navy, filed enclosure (1) with this Board requesting that the characterization of his discharge be changed. The Board's...
NAVY | BCNR | CY2007 | 05520-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMW Docket No: 5520-07 28 January 2008 From: Chairman, Board for Correction of Naval Records To: secretary of the Navy Subj: REVIEW. h. Regulations in effect at the time of Petitioner's discharge authorized a UD if separated by reason of unfitness. However, the Board considers Petitioner's prior period of service, service during the Korean War, awards, and satisfactory overall trait and...
NAVY | BCNR | CY2002 | 06112-01
should be corrected by removing that period of lost time from his record. The Board notes that the period 11 June to 15 July 1999 is consistent with a period of pretrial confinement that is properly charged as lost time, given the subsequent court-martial conviction on 15 July 1999. concludes that a removal of this period of lost time is not warranted. Therefore, the Board RECOMMENDATION: That Petitioner's naval record be corrected by removing from a. the record any documentation showing...
NAVY | BCNR | CY2002 | 09187-02
DEPARTMENT OF THE NPVY BOARDFOR CORRECTION OF NAVAL RECORDS ZNAVYANNEX WASHINOTON DC 20370-5100 TJR Docket No: 9187-02 15 August 2003 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy OF RECORD EX-S- / USN, Ref: (a) 10 U.S.C. The Board, consisting of Messrs. 2 reviewed Petitioner's all % 1 justice on 12 August 2003 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Based...
NAVY | BCNR | CY2001 | 02047-01
Subject,enlisted in the Naval Reserve Force on 4 October On 8 January 1918 he was discharged from that component to 1917. enlist in the Regular manner for about 10 by a summary hours. The At that time he was record shows that he left: the United States on 13 January 1944. b. naval record.
NAVY | BCNR | CY2010 | 11365-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TIR Docket No: 11365-10 1 August 2011 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref; (a) 10 U.S.C, 1552 (b) SECNAVINST 1910.44 Encl: DD Form 149 with attachments (1) (2) Case summary (3) Subject's naval record 1. former enlisted member of the United States Navy, filed enclosure (1) with this Board requesting that his discharge be upgraded. Reference (b)...
NAVY | BCNR | CY2010 | 11444-10
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that the bad conduct discharge of 29 November 1946 be changed to a general characterization of service. That Petitioner's naval record be corrected to show that he was issued a general discharge on 29 November 1946 vice the BCD on the same day. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of...