DEPARTMENT OF THE N A V Y
BOARD FOR CORRECTION O F NAVAL R.ECORDS
2 N A V Y A N N E X
WASHINGTON DC 20370-5100
CRS
Docket No: 8936-02
17 October 2003
From: Chairman, Board for Correction of Naval Records
To:
Subj: REVIEW OF NAVAL RECORD OF - Ref: (a) 10 U.S.C. 1552
Secretary of the Navy
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 Naval Reserve, filed enclosure (1)
with 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 21 October 1945.
consisting of-
reviewed Petitioner's
injustice on 15 October 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 enclosure (1) was not filed in
timely manner, it is in the interest of justice to'waive the
statute of limitations and review the application on its merits.
c. Petitioner was inducted in the Naval Reserve on 6 December
1943. From February 1944 until 1945, he was either undergoing
treatment or on limited duty as a result of rheumatic fever. He
served without incident until 27 February 1945, when he received
nonjudicial punishment for an unauthorized absence of about one
hour. On 30 June and 17 October 1945, Petitioner received his
only two marks in proficiecy, both of which were a substandard
2.6. On 21 October 1945 he received a general discharge by
reason of expiration of term of service.
d. Characterization of service is determined, in part, by
conduct and proficiency averages computed by marks assigned on a
periodic basis. Petitioner's conduct and proficiency averages
were 3.98 and 2.6, respectively. At the time of his service,
averages of 3.25 in conduct and 2.75 in proficiency were 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 notes that Petitioner's
disciplinary infraction was relatively minor in nature and did
not significantly lower his conduct average. His substandard
proficiency average resulted in the assignment of a general
discharge. However, this average was based on only two marks.
It appears to the Board that Petitioner's illness and treatment
may have prevented him from performing duties and receiving marks
in proficiency. Accordingly, the Board believes Petitioner has
now been sufficiently punished by having a general discharge for
more than 50 years. Given his satisfactory conduct, no useful
purpose is served by continuing to characterize his service as
less than fully honorable and the discharge should be
recharacterized to honorable.
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 he
was issued an honorable discharge by reason of expiration of
service on 21 October 1945 vice the general discharge on that
date.
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 11
October 2002.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoingcis a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
A ~ N
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 Regulations, section 723.6(e))
and having assured campliance 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 t&e Navy.
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