DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510
0
TJR
Docket No:
9 October
2383-82
2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Sub
co
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 Naval Reserve filed enclosure (1)
with this Board requesting that the characterization of his
discharge be changed.
The Board, consisting.of Mr. McBride, Ms. McCormick, and Mr.
2.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 8 October 2002 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, 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 enclosure (1) 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.
Petitioner enlisted in the Naval Reserve on 23 December
the age of 18, and began a period of active duty on 3
194g.at
January 1944.
d.
On 11 November 1944 Petitioner received the Purple Heart
for wounds he received in action on 24 October 1944.
e.
Petitioner served for more than a year without incident.
However, on 15 January 1944, Petitioner began a 21 day period of
unauthorized absence (UA) that was not terminated until he was
apprehended on 5 February 1945.
Petitioner also missed the movement of his ship.
1945 Petitioner was convicted by summa ry court-martial (SCM) of
these offenses and sentenced to a $162
confinement for 25 days.
During this period of UA,
forfeiture of pay and
On 29 March
f.
On 20 March 1945, after undergoing a medical examination,
As a result of
Petitioner was diagnosed with combat fatigue.
this diagnoses, Petitioner was found unfit for sea duty and as
such was assigned to shore duty for six months.
4.
On 31 May 1945 Petitioner received captain's mast (CM) for
arriving late to relieve the watch.
h.
On 2 November 1945, following a medical survey board,
Petitioner was found to be unable to adjust to military life and
At that time he was recommended for
unfit for further service.
an administrative separation.
i.
On 14 December 1945 Petitioner was issued a general
discharge under honorable'conditions by reason of unfitness based
on the 2 November 1945 medical survey.
discharge, Petitioner's conduct average of 2.85 was below the
average mark of 3.25 required for a fully honorable
characterization of service.
At the time of his
CONCLUSION:
consideration of all the evidence of record, the
that Petitioner's request warrants favorable
Upon review and
Board concludes
action.
The Board notes the nature of Petitioner's misconduct and does
not condone his infractions.
Petitioner's youth and immaturity, participation in combat which
warranted the Purple Heart,
battle fatigue.
meet the requirement for a fully honorable characterization of
service, the Board concludes that no useful purpose is served by
continuing to characterize Petitioner's service as having been
under honorable conditions,
and recharacterization to a fully
honorable discharge is appropriate.
length of service during wartime, and
Even though Petitioner's conduct average did not
However, the Board is also aware of
In view of the foregoing,
injustice warranting the following corrective action.
the Board finds the existence of an
2
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that
he received an honorable
general discharge under honorable conditions actually issued on
that date.
dischargec' on 14 December 1945 vice the
That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
b.
C .
That, upon request, the Veterans Administration be
informed that Petitioner's application was received
on 14 March 2002.
by the Board
4. It is certified that a quorum was present at the
review and deliberations, and that the foregoing is
complete record of the Board's
matter.
Board's
a true and
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 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.
3
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