DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 6450-01
29 January 2002
Chairman, Board for Correction of Naval Records
Secretary of the Navy
From:
To:
Subj:
Ref:
(a) 10 U.S.C.1552
Encl:
(1) DD Form 149 w/attachments
(2) Case Summary
(3) 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, in effect, that his naval record be corrected to
show a more favorable type of discharge than the general
discharge issued on 19 December 1952.
The Board, consisting of Ms. Davies and Messrs Chapman and
2.
McCulloch, reviewed Petitioner's allegations of error and
injustice on 24 January 2002 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
3.
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 waive the statute of limitations and
review the application on its merits.
C .
Petitioner enlisted in the Marine Corps on
30 September
1949 for three years at age
formal education.
incident until 20 July 1950,
court-martial of sleeping on post.
confinement for one month and forfeitures of $20 per month for
four months.
He was advanced to PFC and served without
when he was convicted by summary
At that time, he had 11 years
He was sentenced to
17.
d.
Petitioner served in Korea from August 1950 to August
1951, participating in the seizure of
Inchon, the capture of
Seoul, the campaigns at Wonsan/Hungnam/Chosin, and operations
against enemy forces in south and central Korea.
period he was advanced to CPL (E-4).
discharge on 19 December 1952.
He received a general
During this
e.
At the time of Petitioner's discharge, character of
service is based, in part, on conduct and proficiency averages
computed from marks assigned during periodic evaluations.
final conduct and proficiency averages were 3.93 and 5.5,
respectively.
A minimum average mark of 4.0 in conduct was
required for a fully honorable characterization of service.
Your
f.
A Federal Bureau of Investigation report on Petitioner,
obtained by the Board,
showed no post-service convictions.
CONCLUSION:
In this regard, the Board notes Petitioner's youth and
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
immaturity, limited education, his combat service in Korea
during which he was promoted to CPL,
and his good post-service
conduct.
The Board further notes that his summary court-martial
conviction occurred prior to his being sent to Korea and that he
had no further disciplinary actions.
conduct average of 3.93 was fairly close to the 4.0 average
required for an honorable discharge.
at great peril for his country and the Board believes his
sacrifice far outweighs any deficiency in meeting the require-
ment of a 4.0 conduct average.
useful purpose is served by continuing to stigmatize his service
as under honorable conditions.
that it would be appropriate and just to recharacterize the
general discharge to honorable.
The Board believes that no
Further, Petitioner's
Accordingly, the Board concludes
Petitioner placed his life
2
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
that he was honorably discharged by reason of expiration of
enlistment on 19 December 1952 vice the general discharge
actually issued on that date.
b. That this Report of Proceedings be filed in
Petitioner's naval record.
C .
That upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 16 August 2001.
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
GOLDSMITH
Acting Recorder
Pursuant to the delegation of authority set out in Section 6
5.
(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
action, taken
hereby announced that the foregoing corrective
under the authority of reference (a), has been
approved by the
Board on behalf of the Secretary of the Navy.
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