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
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0
FC
Docket No. 06272-02
10 January 2003
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Sub j :
OF
Ref:
(a) 10 U.S.C. 1552
Encl: (1) DD Form 149 wlattachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, applied to this Board
requesting, in effect, that his naval record be corrected to show
a more favorable type of discharge than the discharge under
honorable conditions issued on 6 April 1946.
2. The Board, consisting of Mr. Shy, Mr. Roberts and Ms. LeBlanc
reviewed Petitioner's allegations of error and injustice on 8
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 it appears that Petitioner's application to the
Board was not filed in a timely manner, it is in the interest of
justice to waiver the statute of limitations and review the
application on its merits.
c. Petitioner enlisted in the Navy on 3 January 1944 at the
age of 17. On 19 April 1944, Petitioner was discharged with an
honorable discharge for enlisting without parental consent as a
minor.
d. Petitioner was inducted into the United States Navy on 9
January 1945 at the age of 18. On 15 March 1945, he was
convicted by summary court-martial (SCM) of a 15 day period of
unauthorized absence. The sentence imposed was 15 days
confinement and forfeiture of pay totaling $160.00. On 14
September 1945, Petitioner's record reflects that he was
convicted by a second SCM for a period of unauthorized absence of
1 day and 23 hours. The sentence was confinement of one month.
On 6 April 1946, Petitioner received a discharge under honorable
conditions, the equivalent of a general discharge.
e. At the time of Petitioner's service, more than one
summary court-martial disqualified an individual from receiving a
fully honorable discharge. Additionally, final averages of 3.25
in conduct and 2.75 in proficiency were required,for an honorable
discharge. The record reflects that Petitioner's average marks
exceeded these requirements.
CONCLUSION:
Upon review and consideration of all evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. The board notes that notwithstanding the two SCM1s,
Petitioner's final averages would have qualified him for an
honorable discharge. ~ i v e n these averages, the fact that
Petitioner enlisted while underage during wartime, and the
relatively minor nature of the offense that resulted in the
second summary court-martial, the Board believes that an
honorable discharge is warranted.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was issued an honorable discharge on 6 April 1946 vice the
discharge actually issued on that date.
b. That a copy of this Report of Proceedings be filed in
Petitioner'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 . ZSALMAN
Recorder
Acting Recorder
fl~e
ALAN E. GOLDS TH
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.
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