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NAVY | BCNR | CY2002 | 06272-02
Original file (06272-02.pdf) Auto-classification: Approved
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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