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NAVY | BCNR | CY2003 | 07510-03
Original file (07510-03.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 TJR
 Docket No: 7510-03
28 July 2004

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL OF

Ref:     (a) 10 U.S.C. 1552
End:     (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 his record be corrected by removing a conviction by summary court-martial (SCM) and upgrading his discharge.
         2. The Board, consisting of Mr.  , Ms. , and Ms. reviewed Petiti oner’s allegations of error and injustice on 28 July 2004 and, pursuant to its regulations, determined that the partial 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 Petitioners 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 enlisted in the Navy on 26 February 1944 at age 17.
d.       Petitioner served for three years and 10 months and was awarded the Asiatic Pacific Medal, Philippine Liberation Medal, and the World War II Victory Medal. e.   During the period from 28 April 1945 to 23 September 1947 Petitioner was convicted by two deck courts (DC) and a SCM, and received captain’s mast (CM). His offenses were sleeping on watch, sleeping in, disobedience, and absence from his appointed place of duty.





f.       On 29 December 1947 Petitioner was issued a general discharge under honorable conditions. At the time of his discharge his conduct and proficiency marks were 3.46 and 2.93, respectively. At that time, character of service was based, in part, on conduct and proficiency averages which were computed from marks assigned during periodic evaluations. Petitioner’s conduct and proficiency averages were 3.46 and 2.93. Averages of 3.25 in conduct and 2.75 were required at the time for a fully honorable characterization of service.
g.       On 30 December 1947 Petitioner enlisted in the Naval Reserve. He served without disciplinary incident and on 30 November 1955, at the expiration of his enlistment, received an honorable discharge.
h.       With his application, Petitioner submits a statement in which he alleges that he never should have been convicted by SCM since he was innocent of the offense charged.
         CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial favorable action.
Concerning the characterization of service, the Board is aware of Petitioner’s misconduct and does not condone his infractions. However, the Board also notes Petitioner’s youth, service in combat, the apparently minor nature of his offenses, and his satisfactory conduct and proficiency averages. The Board also notes his subsequent honorable service in the Naval Reserve. Based on the foregoing the Board concludes that no useful purpose is served by continuing to characterize Petitioner’s service as having been under honorable conditions, and relief in the form of recharacterization to a fully honorable discharge is appropriate.
The Board can find no reason to remove any of Petitioner’s court martial convictions from the record, since his contentions are unsupported by any evidence in the record, and he has submitted no such evidence.
          In view of the foregoing, the Board finds the existence of an injustice warranting the following c orrective action.
RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected to show that he was honorably discharged on 29 December 1947 vice issued the general discharge under honorable conditions on the same day.
b.       That no further relief be granted.
c.       That a copy of this Report of Proceedings be filed in Petitioner’s naval record.
d.       That, upon request, the Veterans Administration be informed that Petitioner’s application was received by the Board on 15 September 2003.




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.


 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

















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