DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L 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 TRG
Docket No: 8941-02
10 September 2003
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
Ref :
(a) Title 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 enlistment member in the Naval Reserve, filed an
application with this Board requesting that his record be
corrected to show a better characterization of service then the
good discharge issued on 8 September 1944.
2. The Board, consisting of Mr. Chapman, Mr. Milner and Mr.
Grover, reviewed petitioner's allegations of error and injustice
on 3 September 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
~ e g d l a t i o ~ within the Department of the Navy.
b. Although it appears that Petitioner's application 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 Naval Reserve on 16 September
1942 at age 21 and reported for active duty on 5 November 1942.
He then served in a satisfactory manner for about 13 months.
During this period, he served outside the United States in the
Pacific Area. He was hospitalized on 3 December 1943 and was
ultimately sent to a Naval hospital in the United States. On 12
August 1944 a board of medical survey recommended that he be
discharged. After review, this recommendation was approved and
petitioner was issued a good discharge on 12 August 1944. At
that time, he was issued an honorable service lapel pin.
d. Regulations in effect at the time allowed for the
issuance of a good discharge in cases such as this. Such a
discharge was not considered to be derogatory. However, later
regulations authorized the issuance of an honorable discharge
under similar circumstances, and a good discharge may be
considered as less than fully honorable.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board believes that Petitioner's period of good
service and the fact that he was discharged due to circumstances
beyond his control are sufficient to support the issuance of an
honorable discharge. Accordingly, given the passage of time and
the possibility that the good discharge may have a derogatory
connotation, the Board concludes that Petitioner's discharge
should now be recharacterized to honorable.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on 8
September 1944 he was issued an honorable discharge vice the-good
discharge now of record
b. That this Report of Proceedings be filed in Petitioner's
naval record.
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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