DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5520-07
28 January 2008
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Subj: REVIEW. OF NAVAL RECORD OF
“een
Ref: (a) 10 U.S.C. 1552
Enc] fli Case Summary
(2) Subjects naval secora
i. Pursuant to the proviSiuns ol reterence ja; retitioner, a
former enlisted member of the Navy, applied to this Board
requesting an honorable discharge vice the undesirable discharge
(UD) he received on 6 April 1954.
2. The Board, consisting of Ms. wee. Mr. we and
Mr. WMA ceviewed Petitioner's allegations of error and
injustice’ On 23 January 2008, 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. 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. On 24 March 1951, Petitioner reenlisted in the Navy at age
20 after a prior period of service.
d. During the period 11 October 1951 to 4 February 1954,
Petitioner had five nonjudicial punishments (NJP's) and was
convicted by a special court-martial. His offenses included
three instances of drunkenness, failure to obey a lawful order,
and four instances of unauthorized absence that totaled about 19
days. Punishment awarded by the NUP's resulted in a reduction in
rank and did not exceed 14 days of restriction. Punishment
awarded by the court-martial conviction resulted in a reduction
in rank and confinement.
e. On 17 February 1954, Petitioner's commanding officer
initiated administrative separation by reason of unfitness, and
recommended a UD. In connection with this processing, Petitioner
acknowledged the separation action and requested retention if
assigned to sea duty. On 10 March 1954, the separation authority
approved the separation recommendation and directed a UD by
reason of unfitness. On 6 April 1954, he was so discharged.
£. On the date of discharge, Petitioner's awards included the
Navy Occupation Service Ribbon with Asian and European Clasps,
Korean Service Medal with two stars, United Nations Service
Medal, and National Defense Service Medal. Petitioner's overall
trait and conduct averages were 3.2 and 3.3, respectively.
g. In his application, Petitioner states that he began serving
his country at age 15 with the Army Transportation Service and
subsequently enlisted in the Navy and served during the Korean
War. He further states that three of his sons have retired from
the service and his family has served their country since the
Civil War. He further states that at the time of discharge he
was drinking too much and regrets his decisions.
h. Regulations in effect at the time of Petitioner's discharge
authorized a UD if separated by reason of unfitness. Regulations
also authorized a general characterization of service if
separated by reason of unfitness.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
relief. Specifically, the Board believes that Petitioner’s
disciplinary actions were properly taken and his discharge was in
accordance with regulations. Therefore, separation by reason of
unfitness was warranted. However, the Board considers
Petitioner's prior period of service, service during the Korean
War, awards, and satisfactory overall trait and conduct marks.
The Board also finds that Petitioner's offenses were relatively
minor as evidenced by the punishment awarded. Therefore, as a
matter of clemency the Board concludes that Petitioner’s
separation should be changed to a general discharge.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
received a general discharge on 6 April 1954, vice the UD
actually issued on that date.
b. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
c. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received by the Board
on 19 June 2007.
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.
Sar ~ \ : An 7 628}
wi
ROBERT D. ZSALMAN BRIAN J.‘GEORGE
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.
peta D> Aa
Fou W. DEAN PFEIFFER
Executive Director
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