DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 1485-02
22 August 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
F RECORD
Ref: (a)
10 U.S.C. 1552
Encl:
(1) DD Form 149 with 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,
Board requesting that the characterization of his discharge be
changed.
filed enclosure (1) with this
The Board, consisting of Ms. Gilbert, Ms. McCormick, and Mr.
2.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 20 August 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations, and policies.
Documentary material
The Board,
3.
to Petitioner's
follows:
having reviewed all the facts of record pertaining
allegations of error and injustice finds as
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
statue of limitations and review the application on its merits.
C .
of 17.
nine years of formal education.
Petitioner enlisted in the Navy on 27 January 1941 at age
At the time of Petitioner's enlistment he had completed
d.
During Petitioner's period of service he received
Petitioner was also convicted by summary court-martial
captain's mast (CM) for creating a disturbance while under the
influence of alcohol and the destruction of private and personal
property.
(SCM) of theft of a wallet containing $54 dollars and one day of
unauthorized absence (UA).
of pay and a bad conduct discharge (BCD).
was suspended for 12 months.
the BCD was ordered executed due to an unspecified violation of
probation.
He was sentenced to a $100 forfeiture
Subsequently, the BCD
Unfortunately, on 6 October 1943,
. 26 November 1943, approximately a month before Petitioner's
20tE birthday, he received a
BCD.
f.
In January 1945 Petitioner attempted to reenlist in the
Navy but was advised-that despite his good post service conduct,
which included serving in the Merchant Marines, he was not
eligible for military or naval service due to the
characterization of his discharge.
A verbal report from the Federal Bureau of Investigation
(FB(il) indicates that Petitioner has no other record of arrests or
convictions since his discharge.
CONCLUSION:
The Board's finding is based on Petitioner's youth and
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
immaturity, limited education, good post service conduct as
evidenced by an FBI report.
Petitioner's misconduct, it notes that his offenses occurred
prior to his 20th birthday and concludes that because of his
obvious immaturity, he may have been unable to fully understand
the life-long consequences of his misconduct and a punitive
discharge.
The Board was also favorably impressed by the fact
that Petitioner successfully completed two combat patrols aboard
the submarine USS GROUPER and by his unblemished post service
record.
Although the Board does not condone
Based on the foregoing, and considering the fact Petitioner has
suffered the consequences of a BCD for nearly 60 years, the Board
concludes that no useful purpose is served by continuing to
characterize Petitioner's service as having been under other than
honorable conditions.
relief in the form of recharacterization of Petitioner's
discharge is appropriate.
Accordingly, the Board concludes that
2
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 on 26 November 1943 vice the
BCD actually issued on that same day.
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.
C .
That any material directed to be removed from Petitioner's
for retention in a confidential file
with no cross reference being made a
naval record be returned to the Board,
this Report of Proceedings,
maintained for such purpose,
part of Petitioner's naval record.
together with a copy of
It is certified that a quorum was present at the Board's
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
,,7
ROBERT D. ZSALMAN
Recorder
~
ALAN E. GOLDSMITH
Acting Recorder
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Pursuant to the delegation of authority set out in Section
5.
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulation, 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.
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