DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5402-02
26 December 2002
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD 0
Ref:
(a) 10 U.S.C. 1552
Encl:
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy,
Board requesting, in effect,
to show a more favorable type of discharge than the general
discharge issued on 22 July 1948.
reason for discharge be changed.
He also requests that the
filed enclosure (1) with this
that his naval record be corrected
2. The Board, consisting of Ms. Humberd, Mr. Frankfurt, and Mr.
Leeman, reviewed Petitioner's allegations of error and injustice
on 3 December 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
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 it appears that enclosure (1) was not filed in
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 Naval Reserve on 8 March 1947
and was honorably discharged on 6 June 1948.
the Navy on 7 June 1948.
He reenlisted in
d. The record reflects that Petitioner served without incident
during his period of active duty.
completion of recruit training pursuant to the recommendation of
He was discharged prior to the
an aptitude board.
with a general discharge by reason of unsuitability based on
emotional instability and immaturity.
The board recommended that he be separated
e. On 29 December 1976 the Secretary of Defense announced a
change in policy and stated that honorable discharges could be
issued to servicemembers who are administratively separated
during recruit training because of marginal performance or minor
disciplinary infractions.
The Department of the Navy's current
policy is set forth in SECNAVINST
directs that an entry level separation be issued to members who
fail to complete training.
This instruction
1910.4A.
CONCLUSION:
The Board's finding is based on Petitioner's overall
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
relief.
record record of military service and particularly the remedial
changes in policy which became effective after his separation.
Accordingly, the Board concludes that relief in the form of
recharacterization to honorable is appropriate but that the
reason for discharge remain unchanged.
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 an honorable discharge by reason of unsuitability on
22 July 1948 vice the general discharge actually issued on that
date.
b. That no further relief be granted.
C . That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
d. That, upon request, the Veterans Administration be informed
that Petitioner's application was received by the Board on 14
June 2002.
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. 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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
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