DEPARTMENT OF THE NPVY
BOARDFOR CORRECTION OF NAVAL RECORDS
ZNAVYANNEX
WASHINOTON DC 20370-5100
TJR
Docket No: 9187-02
15 August 2003
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
OF RECORD EX-S-
/
USN,
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with this
Board requesting that the characterization of his discharge be
changed.
The Board, consisting of Messrs.
2 reviewed Petitioner's all
% 1 justice on 12 August 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 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 reenlisted in the Navy on 2 October 1951 after
four years of prior honorable service.
d. petitioner participated in the Korean Conflict and was
awarded the National Defense Service Medal, United Nations
Service Medal, and the Korean Service Medal with one star.
e. During the period from 1 May 1952 to 10 March 1954
Petitioner received nonjudicial punishment(NJP) on four
occasions. He was also convicted by special court-martial (SPCM)
on two occasions and once by sumnary court-martial (SCM). His
offenses were five periods of unauthorized absence (UA) totalling
43 days, breaking restriction, and four periods of absence from
his appointed place of duty.
f. On 13 May 1954 Petitioner was convicted by SPCM of a two
day period of UA and failure to obey a lawful order. He was
sentenced to a $210 forfeiture of pay, reduction to paygrade E - 1 ,
confinement at hard labor for six months. and a bad conduct
discharge (BCD) . Subsequently, on 23 ~u&t 1954, Petitioner
received the BCD.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
Although the Board does not condone his record of misconduct, it
consisted primarily of minor offenses. Additionally, the Board
recognizes Petitioner's prior honorable service coupled with his
total time served, and his service during the Korean Conflict.
Based on the foregoing, and considering the fact that Petitioner
has suffered the consequences of a BCD for nearly 50 years, the
Board concludes that no useful purpose is served by continuing to
characterize Petitioner's service as having been under other than
honorable conditions. Accordingly, the Board concludes that
relief in the form of recharacterization of Petitioner's
discharge is now appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a , That Petitioner's naval recorda& corrected to show that _
he was issued a general discharge on 23 August 1954 vice the BCD
actually issued on the same day.
b. That any material or entries inconsistent with or relating
to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's naval record and the no
such entries or material be added to the record in the future.
c. That any material directed to be removed from Petitioner's
naval record be returned to the Board, together with a copy of
this Report of proceedings, for retention in a confidential file
maintained for such purpose, with no cross reference being made a
part of Petitioner's naval record.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foreaoina is a true and
complete record of the Board's
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 Regulation, 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.
NAVY | BCNR | CY2002 | 02976-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 TJR Docket No: 2976-01 23 October 2001 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: Ref: (a) 10 U.S.C. total UA and his periods of confinement are causes for concern, the Board also notes that he served a very considerable portion of his enlistment, and a good part of this service at sea during the Korean Conflict. That Petitioner's naval record be...
NAVY | BCNR | CY2002 | 09381-02
DEPARTMENT OF THE N 4 V Y BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVYANNEX WASHINGTON DC 20370-5100 * TJR Docket No: 9381-02 15 August 2003 From: Chairman, Board for correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. c. Petitioner enlisted in the Navy on 26 March 1965 at age 17 for four years.4 At the time of enlistment, he had completed 11 years of formal education. Additionally, Petitioner served during the Vietnam War, and he served 40 months of his 48 month enlistment.
NAVY | BCNR | CY2007 | 05520-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMW Docket No: 5520-07 28 January 2008 From: Chairman, Board for Correction of Naval Records To: secretary of the Navy Subj: REVIEW. h. Regulations in effect at the time of Petitioner's discharge authorized a UD if separated by reason of unfitness. However, the Board considers Petitioner's prior period of service, service during the Korean War, awards, and satisfactory overall trait and...
NAVY | BCNR | CY2009 | 02964-09
Pursuant to the provisions of reference (a), Petitioner, 4 former member of the Marine Corps, filed enclosure (1) with this Board requesting that he be issued a Certificate of Discharge or Release from Active Duty (DD Form 214) with a general characterization of service. He was also convicted by summary court-martial of a 27 day period of UA. That Petitioner’s naval record be corrected to show that he was issued a DD Form 214 and a general discharge on 23 August 1999. b.
NAVY | BCNR | CY2010 | 11444-10
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that the bad conduct discharge of 29 November 1946 be changed to a general characterization of service. That Petitioner's naval record be corrected to show that he was issued a general discharge on 29 November 1946 vice the BCD on the same day. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of...
NAVY | BCNR | CY2012 | 00728 12
The Board consisting of Messrs. Zsalman, Exnicios, and Ms. Guill, reviewed Petitioner's allegations of error and injustice on 24 October 2012 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. As such, the Board concludes that the DD Form 214 with the 10 December 1992 separation date should be removed. That Petitioner's naval record be corrected by the removal of the DD Form 214 with a separation date...
NAVY | BCNR | CY2009 | 03487-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No: 03487-09 20 January 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a , former enlisted member of the Navy, filed enclosure (1) with this Board requesting that the other than honorable (OTH) characterization of his discharge be changed....
NAVY | BCNR | CY2010 | 01435-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by changing the characterization of his bad conduct discharge (BCD) assigned on 8 March 1946 to a general discharge. CONCLUSTON: Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting upgrading Petitioner’s BCD to a general...
NAVY | BCNR | CY2001 | 07049-00
'1552 Encl: (1) Case summary (2) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Navy, applied to this that his naval record be corrected Board requesting, in effect, by upgrading his discharge, separation, and by removing all references to a period of unauthorized absence (UA). the Board notes the document Concerning the UA of 15 to 26 March 1997 shown on the P. the NJP and the DD Form 214, Petitioner has...
NAVY | BCNR | CY2008 | 06637-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 6637-08 25 March 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF 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 member of the Marine Corps, applied to this Board requesting to upgrade the bad conduct discharge (BCD)...