DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01228-07
18 April 2008
—— == Prem Chairman; Board--fer-Correction: of -Naval-_Recerds: ee
To: Secretary of the Navy
Subj: FORMER @iiiegeaeueeemee
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to show that he was hospitalized for 31 days
in US Navy Hospital, San Pedro, California in 1945, and that he
was discharged in the rate of radioman third class,RdM3c, vice
seaman first class, Slc.
2. The Board, consisting of Messrs. mee, Viper an
wei Ceviewed Petitioner's allegations of error cod
injustice on 6 March 2006, 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 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. Petitioner entered active duty in the Navy on 12 January
1945. He was admitted to U.S. Naval Hospital, Long Beach,
California, on 19 May 1945. He was returned to duty at
Reception Station, Terminal Island, San Pedro, California, on 23
July 1945. He was released from active duty on 7 August 1946.
The Notice of Separation from U.S. Naval Service issued to him
on that date shows his rate as “Sic”.
Ce Petitioner submits a copy of a letter dated 16 August
1946, in which his former commanding officer notified him that
he had been advanced to RdM3c effective 1 July 1946. His naval
_ record does not contain a copy of that létter. In a Téttér datea ~~
28 September 1950, Petitioner was advised by the Commandant,
Eighth Naval District, that the records of. the Bureau of Naval
Personnel did not show that he had been advanced to RdM3 during
his prior enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that the letter of 16 August 1946 from
Petitioner’s former commanding officer is genuine. Accordingly,
the Board finds the existence of an injustice warranting the
following corrective action.
The Board concluded further that as Petitioner’s record already
shows an extended period of hospitalization in 1945, and as
there is no corroborating evidence of any other period of
hospitalization, there is no basis for correcting his record to
reflect an additional period of hospitalization.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was advanced to RdM3c effective 1 July 1946.
b. That so much of his request for corrective action that
exceeds the foregoing be denied.
c. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
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.
Whee (Boe
ROBERT D. ZSALMAN ES R. (gee
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 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
v= = “behalft of the Secrétary of the Navy. 7
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W. DEAN Te
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