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NAVY | BCNR | CY2005 | 01801-05
Original file (01801-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
                                             BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100
                 
                                                                                          SMW
                                                                                          Docket No: 1801-05
                                                                                          30 August 2005


From:    Chairman Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:

 Ref:     (a) 10 U.S.C. 1552
En cl :    (1) Case Summary
 (2)      Subject’s Naval record

1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Marine Corps, applied to this Board requesting that his record be corrected by upgrading his discharge and showing that he was recommended for reenlistment.
2.       The Board, consisting of Mr. , Mr. and Mr. , reviewed Petitioner’s allegations of error and injustice on 30 August 2005, 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 Petitioner’s application 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 Marine Corps on 4 August 1950 the age of 17 with parental consent. During the period from 5 September 1951 to 5 August 1952 he received two nonjudicial punishments and was convicted by summary court-martial. His offenses included two instances of unauthorized absence totaling about four days and failure to obey a lawful order.
d.       During the period from 8 February 1953 to 9 April 1954 Petitioner participated in action against the enemy while in
 at Korea. He was awarded the Purple Heart Medal for Wounds received in action against the enemy on 25 July 1953.

e.       On 3 August 1954 Petitioner was discharged under honorable conditions and not recommended for reenlistment.
f.       Characterization of service is determined, in part, by conduct averages computed from marks assigned on a periodic basis. Petitioner’s conduct average was 3.62, which was below the 4.0 average required for a fully honorable characterization of service.
g.       In his application, Petitioner contends that he should have received an honorable discharge, and that the wording on his DD Form 214 implies he received an other than honorable discharge. He also requests removal of the statement in the record to the effect that he was not recommended for reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. Specifically, the Board believes that Petitioner’s participation in combat against the enemy while in Korea for over 14 months and the award of the Purple Heart clearly outweighs his minor disciplinary infractions and final conduct average. In addition, there was no record of flagrant misconduct or poor performance of duty, yet he was not recommended for reenlistment. Based on the foregoing, the Board believes the record should be corrected to show an honorable discharge and that he was recommended for reenlistment.
RECONNENDAT ION:
a.       That Petitioner’s naval record be corrected to show he was separated with an honorable discharge on 3 August 1954 and that he was recommended for reenlistment, vice the under honorable conditions discharge and the non-recommendation for reenlistment actually issued on that date.
b.       That this Report of Proceedings be filed in Petitioner’s Naval record.
c.       That, upon request, the Veteran’s Administration be informed that Petitioner’s application was received by the Board on 4 February 2005.




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                 ALAN E. GOLDS M ITH
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.


W.       DEAN PFEIFFER
Executive Di rector

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