DEPARTMENT OF THE NAVY
BOARD FOR CORRECTIONOF NAVALRECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6615-03
30 October 2003
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(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 by upgrading
the general discharge he received on 3 November 1946.
2.
The Board, consisting of Mr.
Mr.
of
reviewed Petitioner's a
tober 2003 and, pursuant to its regula
be taken on the
Documentary material considered by
that the corrective action indicated below should
available evidence of record.
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 28 November 1940 at
He then served without incident until 13 January 1942,
C .
age 17.
when he received nonjudicial punishment for wasting food, using
profane language and lying.
Later in 1942, he graduated from the
Submarine Training School and he subsequently participated in
several war patrols aboard the USS GROWLER (SS 215).
In August 1945,
Petitioner was charged with being
d.
disrespectful to a superior officer and striking him. A general
court-martial convened on 31 August 1945 and convicted Petitioner
of only the disrespect offense.
The court sentenced him to
dishonorable.discharge.
reduction to apprentice seaman, confinement at hard labor for
three years and a
authority mitigated the sentence to confinement at hard labor for
six months and a bad conduct discharge, and the discharge was
suspended on 12 months probation.
confinement on 9 March 1946.
He then served without incident
until he was issued a general discharge on 3 November 1946.
He was restored to duty from
The convening
e.
Petitioner's case was reviewed by the Board of Review,
(BRDD) in 1947.
Discharges and Dismissals
of disrespect the BRDD states as follows:
Concerning the charge
.
. While on liberty, and in a public cafe, the
.
petitioner approached the table of the officer . . .
LCDR, and his wife, and addressed himself to the
officer's wife on the basis that they had met before.
Although the lady denied ever having seen him before
and after the officer had asked him to leave and avoid
any trouble, the petitioner persisted in his advances
saying "We're not aboard ship now.
Your rate does not
mean a damn thing now",
outside.
the Shore Patrol and the Shore Patrol had actually
arrived that petitioner left the table. . . .
f.
lft was not until after the officer had called
and invited the officer
Petitioner states in his application, in effect, that
this was a minor offense and the court ignored his good record,
which included about three years in the war zone.
incident which led to his court-martial,
a bar celebrating the victory over Japan, the woman involved was
not the officer's wife and, in effect,
blown completely out of proportion.
He further states that he
has been very active in the Los Angeles chapter of the U. S.
Submarine Veterans of World War II and has published a chapter
newsletter for 20 years at his own expense.
He has submitted
newspaper clippings concerning the memorial he built in his back
yard to honor the submariners killed during World War II.
Concerning the
he states that he was in
that the incident was
ST.
Regulations in effect at the time precluded the issuance
of a fully honorable discharge to any Sailor convicted by a
general court-martial.
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 lengthy period of
good wartime service, the nature of the offense that led to the
general court-martial conviction,
and his post war participation
in a World War II veterans group are mitigating factors.
Since
2
Therefore, the Board
That Petitioner's naval record be corrected to show that on 3
the individuals involved may have been intoxicated, it appears
that the sentence imposed was very severe.
concludes that no useful purpose is served by the general
discharge and it should now be recharacterized to honorable.
RECOMMENDATION:
a.
November 1946 he was issued an honorable discharge vice the
general discharge now of record.
b.
naval record.
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
It is certified that a quorum was present at the Board's
That this Report of Proceedings be filed in Petitioner's
ALAN E. GOLDSMITH
Acting Recorder
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
723.6(e))
Naval Records (32 Code of Federal Regulations, Section
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a),
behalf of the Secretary of the Navy.
has been approved by the Board on
3
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