DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 7275-01
11 February 2002
From:
To:
Subj:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
ORD OF
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 Marine Corps, applied to this
Board requesting, in effect,
to show a more favorable type of discharge than the general
discharge issued on 1 November 1948.
that his naval record be corrected
The Board, consisting of Messrs.
reviewed Petitioner's allegations of error and injustice
2.
Ivins
on 6 February 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.
Leeman, Rothlein, and
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 .
1945 for three years at age 17. At
he had completed 10 years of formal
Petitioner enlisted in the Marine Corps on 2 November
the time of his enlistment,
education.
d.
Petitioner was advanced to
PFC (E-2) and served for 14
However, during the seven month period
months without incident.
from January to July 1947 he received three nonjudicial
punishments
general orders, an unspecified absence over leave, and
negligence in the performance of his duties.
circumstances of the third NJP are not shown in the record.
NJPs were for violation of
Two of the
(NJP).
The facts and
e.
During the four month period from March to June 1948,
The
Petitioner was convicted by two summary courts-martial.
first was for a one day period of unauthorized absence and the
second was for sleeping on watch.
without further incident and received a general discharge upon
the expiration of his enlistment on 1 November 1948.
conduct and proficiency averages at the time of discharge were
4.87 and 4.31, respectively.
Thereafter, Petitioner served
His
f.
Characterization of service is determined in part, by
a-carages computed from marks assigned
conduct and proficiency
during periodic evaluations.
would have qualified him for a fully honorable characterization
of service.
Petitioner's service, prohibited the issuance of an honorable
discharge to individuals convicted by a general court-martial or
more than one summary courts-martial.
However, regulations in effect at the time of
Petitioner's averages normally
g.
Concerning the charges of the first summary
Petitioner states that the lieutenant who preferred the
charges for both summary tours-martial did not like him for some
reason.
martial, he claims that he was 24 hours late in returning from
The
leave because his flight was delayed due to a snowstorm.
second court-martial was for sitting down and sleeping on guard
He now admits that he was sitting down, but asserts that
duty.
he was not sleeping.
Petitioner provides letters of reference
attesting to his good character and achievements subsequent to
discharge, and documents showing that he retired after 30 years
of Federal service as a GS-13.
court-
h.
A report from the Federal Bureau of Investigation
obtained by the Board shows no convictions.
2
CONCLUSION:
Additionally, there is no longer a
NJPs and two summary courts-martial were
In this regard, it appears that the offenses for which
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
he received the three
relatively minor in nature.
prohibition against an honorable discharge for an individual
with two convictions by summary court-martial.
Petitioner's two courts-martial,
averages were sufficient to warrant a fully honorable
characterization of service.
service conduct and achievements far outweigh his misconduct in
the Marine Corps, and it is unjust to continue to stigmatize his
service as only under honorable conditions.
Board concludes that his general discharge should be
terized to fully honorable.
The Board believes his
post-
his conduct and proficiency
Accordingly, the
recharac-
Absent
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by showing
that he was honorably discharged on 1 November 1948 by reason of
expiration of enlistment,
issued on that date.
\iFce the general discharge actually
That this Report of Proceedings be filed in
Petitioner's naval record.
b.
C .
That upon request, the Department of Veterans Affairs
be informed the Petitioner's application was received by the
Board on 19 September 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.
Recorder
ZSALMAN
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
3
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),
Board on behalf of the Secretary of the Navy.
has been approved by the
Executive Di
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