DEPARTMENT OF THE NAVY
BOARD F O R C O R R E C T I O N O F N A V A L RECORDS
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 WMP
Docket No. 10108-02
22 May 2003
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
RECORD OF
Ref:
(a) 10 U.S.C. 1552
Encl :
(1) DD Form 149 w/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, applied to this Board
requesting, in effect, that his discharge be upgraded.
2. The Board, consisting of Messrs. Morgan, Agresti, and
Roberts, reviewed Petitioner's allegations of error and injustice
on 21 May 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
ad mini st^-ative remedies available under existing law and
regulations within the Department of the Navy.
b. Although it appears that Petitioner's application to the
Board was not filed in a timely manner, it is in the interest of
justice to waiver the statute of limitations and review the
application on its merits.
c. Petitioner enlisted in the Naval Reserve on 27 January
1947 at age 20, but was not called to active duty during his
period of service. At that time of his enlistment, he had
completed 12 years of education.
d. On 16 January 1950 U.S. Air Force recruiting personnel
requested Petitioner's discharge from the Navy to allow for his
enlistment in the U.S. Air Force, which was approved.
Accordingly, on 16 January 1950, he received a general discharge
from the Naval service to allow for his enlistment in the U.S.
Air Force. It was Navy policy at that time to issue a general
discharge to service members who did not complete their
enlistments.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board now finds the existence of an injustice warranting
corrective action. The Board concludes that although Petitioner
was discharged correctly based on regulations, which were in
effect at that time, under current standards he would be eligible
for an honorable discharge. Accordingly, the Board believes that
the general discharge should be changed to an honorable
discharge.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by changing
the record to show that he was issued an honorable discharge on
16 January 1950 vice the general discharge actually issued on
that date.
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that 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 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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