DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC
20370-5100
TRG
Docket No:
4 September 2003
1130-03
Chairman, Board for Correction of Naval Records
Secretary of the Navy
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““.“_.
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(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member in the Navy,
filed an application with
this Board requesting that his record be corrected to show a
better characterization of service than the undesirable discharge
issued on 15 November 1946.
consisting of Mr.
eviewed Petitioner's
26 August 2003 and,
, Mr.
ons 0
to its regulations,
and Mr.
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.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
The Board, having reviewed all the facts of record pertaining
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 Petitioner's application was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
Petitioner enlisted in the Navy on 27 January 1944 at
He then served in an excellent manner for over 30
During this period he was advanced to petty officer
C .
age 17.
months.
second class and participated in several campaigns in the Pacific
area of operations.
d.
On 10 July 1946, Petitioner was arrested by civil
authorities on a charge of auto theft.
He plead guilty to this
charge on 9 August 1946 and was sentenced to six months in jail,
which was suspended; two years probation;
the owner of the car.
and $30 restitution to
He returned to the Navy on 9 August 1946.
e.
Petitioner was convicted by a summary court-martial on
30 August 1946 of an unauthorized absence of about 30 days, the
time he was held by civil authorities.
The court sentenced him
to a reduction in rate.
On 11 September 1946, the commanding
officer informed the Bureau of Naval Personnel of the civil
conviction, but recommended that Petitioner be retained in the
Navy.
discharge by reason of conviction by civil authorities.
so discharged on 15 November 1946.
However, after review, BUPERS directed an undesirable
He was
f.
(BRDD) in 1947 that he
With his application, he has
The Federal Bureau of Investigation has reported
Petitioner stated at a review of his discharge by the
Board of Review, Discharge and Dismissals
and several others accepted a ride from another Sailor who they
knew was driving a stolen vehicle.
submitted character references attesting to his good character
for many years.
that Petitioner has no record of arrests or convictions.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
The Board believes that his excellent record both before
action.
and after the isolated incident that resulted in his discharge is
sufficient to mitigate his misconduct.
that the commanding officer recommended his retention lends
credence to the statement he made to the BRDD in 1947.
concludes that he has been adequately punishment for his isolated
error in judgment and the discharge should now be recharacterized
to general as a matter of clemency.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that on
15 November 1946 he was issued a general discharge by reason of
misconduct vice the undesirable discharge now of record.
b.
naval record.
That this Report of Proceedings be filed in Petitioner's
Additionally, the fact
The Board
That the Depa'rtment of Veterans Affairs be informed upon
C .
request that Petitioner's application was received by the Board
on 12 February 2003.
4.
review and deliberations, and that the foregoing is a true and
It is certified that a quorum was present at the Board's
2
col.lplete record of the Board's proceedings in the above entitled
matter.
AN E. GOLDSMITH
ROBERT D. ZSALMAN
Recorder
Pursuant to the delegation of authority set out in Section
5.
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.
3
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