DEPARTMENTOFTHE NAVY
BOARD
FOR CORRECTION OF NAVAL RECORD
2
NAVY
ANNEX
WASHINGTON DC 20370-510
S
0 TRG
Docket No: 1946-02
18 July 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
1.
Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting, in effect, that his record be
corrected to show that his service was characterized as honorable
upon his release from active duty, and that he received an
honorable discharge at the end of his military obligation.
The Board, consisting of Mr. Agresti, Mr. Frankfurt and Ms.
2.
Hare, reviewed Petitioner's allegations of error and injustice on
16 July 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
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 was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
C .
On 24 June 1953 he was arrested by civil
Petitioner enlisted in the Marine Corps Reserve on 26
November 1952 at age 18 and reported to extended active duty on
12 June 1953.
authorities on a charge of larceny of a convertible automobile
top.
Concerning the
restitution, and the sentence was suspended.
offense, Petitioner stated that when the top on his 1941 Ford
convertible blew out, he took a top from a wrecked vehicle in a
junkyard and the junkyard owner pressed charges when the theft
19 October 1953 he was convicted of this offense, paid
was discovered.
retention in the Marine Corps,
He regretted his actions and requested
and this request was approved.
d.
On
30 October 1953 Petitioner received nonjudicial
punishment for an unauthorized absence of about two days. He
then served without incident until he was released from active
duty on 11 January 1955 with his service characterized as being
under honorable conditions.
general discharge at the expiration of his military obligation.
On 25 November 1960 he was issued a
e.
Under regulations in effect at the time, the
upon release from active duty, was
characterization of service,
normally based on conduct and proficiency averages, which are
computed from marks assigned during periodic evaluations.
Petitioner's conduct and proficiency averages were 4.0 and 3.9,
respectively, which are high enough to support an honorable
characterization of service.
individual separated at the expiration of enlistment is entitled
to a fully honorable characterization of service unless the marks
warrant a characterization of under honorable conditions.
Under current standards, an
CONCLUSION:
The Board notes the two relatively minor offenses and
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
that he was retained on active duty after the larceny conviction,
which suggests his command also did not think it was too serious.
Further, after the nonjudicial punishment he served in a
satisfactory manner for over 14 months.
proficiency marks are high enough to support an honorable
characterization of service,
the Board concludes that no useful
purpose is now served by the current characterization of service
and relief is warranted.
corrected to show that his service was characterized as honorable
on his release from active duty on 11 January 1955 and that he
was issued an honorable discharge on 25 November 1960 at the end
of his military obligation.
Therefore, the record should be
Since his conduct and
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
his service was characterized as honorable when he was released
from active duty on 11 January 1955, and that he was issued an
honorable discharge at the end of his military obligation on 25
November 1960.
b.
That this
naval record.
Report of Proceedings be filed in Petitioner's
2
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
Acting 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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
X.&.#.&&$X--
FchW- DEAN PFEIFFER
Executive Director
3
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