DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N OF NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
FC
Docket No. '08721-02
21 April 2003
From:
To:
Subj :
Chairman, Board for correction of Naval Records
Secretary of the Navy
. -
REVIEW OF NAVAL RECORD OF F - ..
Ref:
(a) 10 U.S.C. 1552
Encl :
(1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, applied to this Board
requesting, in effect, that his naval record be corrected by
recharacterizing the general discharge issued on 25 October 1945.
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman and Mr.
McBride, reviewed Petitioner's allegations of error and injustice
on 16 April 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. Petitioner enlisted in the Marine Corps on 16 Adgust 1941
at age 17. He served without incident until 11 December 1944,
when he was convicted by summary court martial (SCM)Sa 22-day
period of unauthorized absence, and was sentenced to confinement
and forfeitures of pay.
c. On 7 August 1945, Petitioner signed a statement
acknowledging that he had been given the opportunity to extend or
reenlist in the Marine Corps and did not desire to do so. On 25
October 1945, he was separated with a general discharge.
d. A review of his service record indicates that
Petitioner's averages were 4.90 in conduct and 3.76 in
proficiency during his enlistment. An average of 3.8 was
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. In this regard, the Board initially notes that he served
more than four years with only one SCM, and was offered the
opportunity to extend or reenlist in the Marine Corps.
Additionally, Petitioner's final conduct average qualified him
for an honorable discharge and his proficiency average was just
below the minimum required. The Board also notes his excellent
service in combat operations during WWII. Therefore, the Board
believes that recharcterization to a honorable discharge is
warranted.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was issued a honorable discharge on 25 October 1945 vice the
general discharge actually issued on that date.
b. That a copy of 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 3 October 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
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 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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