DEPARTMENT OF THE  NAVY 

BOARD  F O R C O R R E C T I O N   O F   NAVAL  RECORDS 

2  NAVY  ANNEX 

W A S H I N G T O N  DC  2 0 3 7 0 - 5 1 0 0  

TJR 
Docket No:  4365-02 
9 January 2003 

From: Chairman, Board for Correction of Naval Records 
To: 

Secretary of the Navy 

Ref:  (a)  10 U.S.C.  1552 

Encl:  (1) DD Form 149 with attachments 

(2) Case summary 
(3) Subject's  naval record 

1.  Pursuant to the provisions of reference  (a) , Petitioner, the 
son of a deceased former enlisted member of the Navy, filed 
enclosure  (1) with this Board requesting that Subject1 s 
undesirable discharge be recharacterized to honorable. 

2.  The Board, consisting of Mr. Beckett, Mr. Kim, and Ms. 
McCormick, reviewed Petitioner's  allegations of error and 
injustice on 7 January 2003 and, pursuant to its regulations, 
determined that the corrective action indicated below should be 
taken on the available evidence of record.  Documentary material 
considered by 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 : 

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 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.  Subject enlisted in the Naval Reserve on 3 August 1943 at 

age of 18 to serve for two years.  At that time, he had completed 
only six years of formal education.  He immediately reported for 
a period of extended active duty. 

d.  During Subject's  period of service, while serving aboard 
the USS REINA MERCEDES from 2 October 1943 to 9 August 1944, he 
received captain's  mast  (CM) on 11 occasions and was convicted by 
a summary court-martial  (SCM).  His offenses were two periods of 

unauthorized absence  (UA) totalling five days, six periods of 
absence from his appointed place of duty, three incidents of 
failure to obey a lawful order, two incidents of breach of 
discipline, and disobedience. 

e.  On 19 August 1944 Subject was transferred from the USS 

REINA MERCEDES and reported aboard the USS MISSOURI.  The 
following month, on 25 September 1944, the Defense Intelligence 
Office  (DIO) submitted a memorandum to MISSOURI 's cormanding 
officer  (CO) that reported, in part, as follows: 

. .  .  (Subject) on 11 February 1944 attended an herican Youth 
for Democracy  (AYD) sponsored Valentine Victory Prom . . . 
(in) Baltimore, Md.  This dance was attended by approximately 
275 persons, of whom about 45% were colored.  Mixed dancing 
and drinking prevailed, and those in attendance were asked 
several times to purchase copies of the . . . official 
publication of  (AYD) and to accept application blanks for 
membership .  .  . 
(AYD) . .  . has among its membership a great many know  (sic) 
Communist Party members and sympathizers.  Its membership is 
composed primarily of those who formerly belong  (sic) to its 
predecessor, the Young Communist League, and this organization 
is making an all out attempt to increase its membership.  It 
is known that the  (AYD) is a Communist organization and that 
it is partly supported by financial aid from the Communist 
party  .  . . 
At the present time, no investigation of Subject activities is 
pending in this office, however, if requested, this office is 
ready, able, and willing to conduct an appropriate 
investigation to determine if Subject is engaged in any 
communistic or un-American activities. 

The memorandum also noted Subject's  poor disciplinary record 
while assigned to the REINA MERCEDES. 

f.  It appears that either MISSOURI'S  CO did not receive the 

foregoing memorandum in a timely manner or did not receive it at 
all, since that command did not take any action on it.  The 
command did impose CM on 2 October 1944 for failure to obey a 
lawful order, and Subject was awarded restriction for 20 days. 
On 6 October 1944 he was transferred to the USS MONTICELLO where 
he served without incident. 

g.  On 19 July 1945 Subject was transferred to the Receiving 

Station, Philadelphia, PA.  It appears that the DIO memorandum 
finally "caught upn to Subject because, on 24 July 1945, the CO 

requested authority to discharge Subject by reason of unfitness, 
noting Subject's  alleged communistic activities and disciplinary 
infractions. 

h.  On 2 August  1945 the discharge authority directed an 

undesirable discharge by reason of unfitness.  On 26 September 
1945 Subject was so discharged. 

i.  In an attachment to Petitioner's  application, counsel 

contends that the SCM was held in violation of the Sixth 
Amendment  to the Constitution, Subject was the victim of racial 
discrimination, his right to free association was violated, and 
his wartime misconduct was relatively minor. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the 
Board concludes that Petitioner's  request warrants favorable 
action.  The Board initially notes Subject's  youth, possible 
immaturity, and limited education.  The Board is aware of his 
disciplinary infractions and does not condone this record of 
misconduct, but is also aware that it consisted primarily of very 
minor offenses.  Furthermore, the Board notes that once Subject 
was no longer aboard the USS REINA MERCEDES, he served for more 
than a year with only one minor disciplinary infraction. 

The Board then concluded that Petitioner has not presented any 
evidence in support of the contention that the SCM was 
constitutionally deficient.  However, Subject's  disciplinary 
infractions were clearly secondary to the real reason for 
separation, his alleged communistic activities.  In this regard, 
given his reasonably good record after leaving REINA MERCEDES, 
the Board does not believe that Subject would have been processed 
for separation if not for the DIO memorandum.  However, that 
memorandum only stated that Subject attended a social function 
sponsored by a communistic organization where "mixedM dancing and 
drinking prevailed.  In addition to reflecting the casual and 
reflexive racism which prevailed a t  the time, there was nothing 
in the memorandum to suggest that Subject joined the 
organization, subscribed to its views, or was a disloyal American 
in any way. 

Based on the foregoing, and considering the fact Subject has 
suffered the consequences of a undesirable discharge for nearly 
60 years, the Board concludes that no useful purpose is served by 
continuing to characterize Subject's  service as having been under 
other than honorable conditions and recharacterization of the 
undesirable discharge is appropriate.  However, the Board cannot 
justify a fully honorable discharge given his record of frequent 
disciplinary infractions.  In this regard, the Board notes that 
there is no evidence to show that any of these adverse actions 

were racially motivated.  Accordingly, the Board concludes that 
the discharge should be changed to a general discharge, under 
honorable conditions . 
In view of the foregoing, the Board finds the existence of an 
injustice warranting the following corrective action. 

RECOMMENDAT ION : 

a.  That Subject's  naval record be corrected to show that he 

was issued a general discharge on 26 September 1945 vice the 
undesirable discharge actually issued on the same day. 

b.  That the Department of Veterans Affairs be informed, upon 
request, that Petitioner's application was received by  the Board 
on 21 February 2002. 

c. That a copy of this Report of Proceedings be filed in 

Subject's  naval record. 

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.  ZSAIMAN 
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 
authority of reference  (a), has been approved by  the Board on 
behalf of the Secretary of the Navy. 

u. DEAN P ~ F F E R  
Executive Director