DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2976-01
23 October 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref: (a)
10 U.S.C. 1552
Encl: (1) Case summary
(2) 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 that the characterization of his discharge be changed.
The Board, consisting of Mr. Kastner, Ms. McCormick, and Mr.
2.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 16 October
20Ql 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 Petitioner's application 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.
C.
Petitioner enlisted in the Navy at age 17 on 9 October
1951 for the duration of his minority.
enlistment, he had completed 10 years of formal education.
test scores were about average.
At the time of
His
d.
The record reflects that Petitioner served aboard USS
BARTON (DD722).
Korean Service Medal, United Nations Service Medal, and the China
Service Medal (extended).
He earned the National Defense Service Medal,
e.
During Petitioner's enlistment he received nonjudicial
punishment (NJP) on eight occasions and was convicted twice by
special court-martial (SPCM) and twice by summary court-martial
His offenses were accumulation of demerits, six periods
(SCM).
of unauthorized absence (UA) totalling 98 days, breaking
restriction, fighting,
appointed place of duty,
drinking in public.
convictions totaled approximately five months.
Confinement adjudged by the court-martial
failure to obey a lawful order, and
three periods of absence from his
f.
On 5 November 1954 Petitioner received an undesirable
discharge by reason of unfitness as evidenced by the 12
disciplinary incidents.
g-
In Petitioner's application he contends that he has lead a
very productive life since his discharge.
documentation showing that he was employed by a police department
for 28 years.
letters of character reference attesting to his good post service
conduct.
Also included with Petitioner's application are
He has submitted
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
immaturity and limited education at the time of his service, and
his lengthy career in law
his post service conduct, especially,
enforcement.
The Board initially notes Petitioner's youth and
However, the Board concludes that,
The Board notes Petitioner's disciplinary incidents and does not
condone his misconduct.
although there are multiple disciplinary incidents, many of the
Although his lengthy period of
offenses are relatively minor.
total UA and his periods of confinement are causes for concern,
the Board also notes that he served a very considerable portion
of his enlistment, and a good part of this service at sea during
the Korean Conflict.
relief in the form of recharacterization to a general discharge
is appropriate.
Accordingly, the Board concludes that
In view of the foregoing,
injustice warranting the following corrective action.
the Board finds the existence of an
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
Petitioner received a general discharge on 5 November 1954 vice
the undesirable discharge actually issued on that same day.
2
b.
That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
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.
ROBERT D. ZSALMAN
Recorder
,
Acting Recorder
The foregoing action of the Board is submitted for your
5.
review and action.
Reviewed and approved:
DEPARTMENT OF THE NAVY
OFFICE OF THE SECRETARY
1000 NAVY PENTAGON
WASHINGTON. D.C. 20350-1000
JUL
IO
ii)(lL
MEMORANDUM
FOR THE EXECUTIVE
NAVAL RECORDS
DIRECTOR, BOARD FOR CORRECTION OF
Subj:
The findings of the Board are approved.
However, I do not
agree with the Board's recommendation to upgrade Subject's
undesirable discharge to general.
In this regard, I have
carefully considered Subject's youth and immaturity, limited
education, sea service during the Korean Conflict, various
medals, and his good post service conduct.
these mitigating factors are heavily outweighed by Subject's
repetitive misconduct.
Accordingly, the Board's recommendation
is disapproved, and Subject's request for recharacterization of
his discharge is denied.
However, I believe
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