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NAVY | BCNR | CY2002 | 08936-02
Original file (08936-02.pdf) Auto-classification: Approved
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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