DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 10569-06
17 July 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF 3_gyieinsiaiiiiieigialaamia
Ref: (a) 10 U.S.C. 1552
Encl: (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 that the characterization of his discharge be
changed.
2. The Board, consisting of Ms “QR cr . @Rm and mr.
eM peviewed Petitioner's allegations of error and injustice on
17 July 2007 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
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Although it appears that enclosure (1) was not filed ina
timely manner, it is in the interest of justice to waive the
Statue of limitations and review the application on its merits.
c. Petitioner enlisted in the Navy for three years on 8
November 1948 at age of 17. At that time he had completed nine
years of formal education. His general classification test (GCT)
score was 48, which placed him in Mental Group III.
d. During the period from 16 July 1949 to 17 November 1950
Petitioner received captain’s mast (CM) on six occasions and was
convicted by summary court-martial (SCM) and deck court (DC).
His offenses were two periods of unauthorized absence (UA)
totalling four days, missing muster, two specifications of
shirking, failure to clean his station, sleeping on post, and two
periods of absence from his appointed place of duty. On 2
February 1951 Petitioner was convicted by SCM of falsehood as
evidenced by his lying to an officer about not receiving his blue
dress trousers from the cleaners. He was sentenced to a bad
conduct discharge (BCD).
e. On 31 May 1951, approximately five months prior to
Petitioner's 20th birthday, he received the adjudged BCD.
£. A telephonic report from the Federal Bureau of
Investigation (FBI) confirms Petitioner's good post service
conduct.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action, and based it’s finding on Petitioner's youth and
immaturity, limited education, good post service conduct, and the
relatively minor nature of his misconduct, especially the offense
of falsehood that resulted in the BCD, and occurred prior to his
20th birthday. Given Petitioner’s obvious immaturity, he may
have been unable to fully understand the life-long consequences
of his misconduct and a punitive discharge. The Board also takes
into account Petitioner's virtually unblemished post service
conduct.
Based on the foregoing, and considering the fact that Petitioner
has suffered the consequences of a BCD for nearly 60 years, the
Board concludes that no useful purpose is served by continuing to
characterize his service as having been under other than
honorable conditions, and recharacterization to a general
discharge is appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was issued a general discharge on 31 May 1951 vice the BCD
actually issued on that same day.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
c. That, upon request, the Veterans Administration be
informed that Petitioner's application was received by the Board
on 28 September 2006.
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 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 PFE
Executive Di r
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