DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6760-02
23 April 2003
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL OF RECORD
Ref: (a) 10 U.S.C. 1552
End: (1) DD Form 149 with 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, filed enclosure (1) with this Board requesting
that the characterization of his discharge be changed.
2. The Board, consisting of Messrs. Grover, Harrison, and Pfeiffer,
reviewed Petitioner’s allegations of error and injustice on 22 April 2003
and, pursuant to its regulations, determined that the corrective action
indicated below should be taken on the avail~ble 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 enclosure (1) 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 Navy on 5 June 1944 at the age of
15. However, at that time he said he was 18 years of age.
d. Petitioner served without disciplinary incident and on 2 August
1944 he was assigned a conduct mark of 4.0.
e. On 29 August 1944 Petitioner’s mother submitted a letter to his
commanding officer in which she stated, in part, that she was unaware of
his enlistment because she had been hospitalized. She also provided a birth
certificate which set forth Petitioner’s date of birth as November 20,
1928, and requested that Petitioner be sent home.
f. On 26 September 1944 Petitioner’s commanding officer submitted
a recommendation for retention in which he stated, in part, that Petitioner
was sufficiently mature for retention in the service.
g. On 6 October 1944 the foregoing recommendation was disapproved
and Petitioner’s commanding officer was directed to process Petitioner for
separation by reason of underage of authorized enlistment. Subsequently, on
26 October 1944, Petitioner was issued a general discharge under honorable
conditions. At the time of his discharge Petitioner’s conduct average of
4.0 was sufficiently higher than the average mark of 3.25 normally required
for a fully honorable characterization of service.
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 that Petitioner served without disciplinary
infractions and based its finding on Petitioner’s extreme youth, length of
service, and periodic conduct marks. In this regard, the Board notes that
Petitioner’s conduct average was considerably higher than the requirement
for a fully honorable characterization of service. Based on the foregoing,
the Board concludes that no useful purpose is served by continuing to
characterize Petitioner’s service as having been under honorable
conditions, and recharacterization to a fully honorable discharge is
appropriate. Accordingly, the Board concludes that relief in the form of
recharacterization of Petitioner’s discharge is appropriate.
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 on 26
October 1944 he received an honorable discharge vice the general discharge
actually issued on that same day.
2
b. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
c. That, upon request, the Veterans Administration be informed
that Petitioner’s application was received by the Board on 30 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 ALAN E. GOLDSMITH
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.
3
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