Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 06909-07
Original file (06909-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SMW
 Docket No: 6909-07
          25 February 2008
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         Subj: NAVAL RECORD OF   _____
         
         Ref:     (a)      10       U.S.C.   1552
En cl :    (1) Case Summary
                   (2) Subjects naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of tbe Naval Reserve, applied to this Board requesting a general discharge vice the undesirable discharge (UD) that was issued on 19 April 1946.
2 The Board, consisting of Mr and Mr, reviewed Petitioners allegations of error and injustice on 21 February 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 5 November 1942, Petitioner enlisted in the Naval
 Reserve at age 17 with parental consent. On 19 October 1943 and 19 February 1944, he had a captain’s mast and was convicted
by a summary court-martial for two instances of unauthorized absence (UA) totaling about 36 days and missing the movement of his ship.

d.       On 10 June 1944, Petitioner was convicted by a general court-martial (GCM) of 130 days of UA. The court sentenced him to confinement, reduction in rank, and a bad conduct discharge (BCD). Petitioner was subsequently placed on 12 months of probation after completion of confinement.

                           e.      On 30 October 1945, a medical survey board found Petitioner unfit for duty due to a psychologically disqualifying factor and recommended a convenience of the government discharge. The medical survey board advised Petitioner of its finding and recommendation, and he declined to submit a statement. On 20 November 1945, the Bureau of Medicine and Surgery concurred with the medical survey board’s recommendation. On 7 December 1945, the unexecuted portion of the GCM sentence was remitted. On that same date, the separation authority referenced the medical survey board’s report and directed a UD by reason of unfitness. On 19 April 1946, a discharge certificate was issued showing that he was separated with a UD by reason of unsuitability.

         f.       Petitioner states that the UD is inequitable and requests a general characterization of service.
         g.       Regulations in effect at that time authorized discharge of individuals by reason of convenience of the government due to unsuitability who were considered unsuitable because of psychiatric handicaps, personality disorders or defects, or other good and sufficient reason. Regulations further directed that a general characterization of service be given to individuals discharged by reason of convenience of the government due to unsuitability.
         h.       Regulations in effect at that time authorized a UD for individuals who are separated by reason of unfitness. Regulations also directed that individuals recommended for a UD by reason of unfitness be informed of the contemplated action, the reasons, and given an opportunity to appear and present any facts or submit a statement.



CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. Specifically, the Board finds that Petitioner’s characterization of service was erroneously assigned. In this regard, the medical survey board recommended discharge due to a psychologically disqualifying factor, which was approved by the Bureau of Medicine and Surgery before the recommendation was forwarded to the separation authority. In addition, there is no evidence in the record to show that Petitioner was ever processed for administrative separation by reason of unfitness. The Board notes that Petitioner’s discharge certificate shows that he was discharged by reason of unsuitability. Therefore, the Board concludes that Petitioner’s discharge should be changed to a general characterization of service.
RECO MM ENDATION:
a.       That Petitioner’s naval record be corrected to show that he was separated with a general discharge on 19 April 1946, vice the UD actually assigned on that date.
b.       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.
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.


         W. DEAN P F EIFFER
 Executive Director

Similar Decisions

  • NAVY | BCNR | CY1998 | NC9808682

    Original file (NC9808682.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 1999. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. On 25 October 1945, you were convicted by a general court-martial of an eight day period of absence without leave and were sentenced to confinement for...

  • NAVY | BCNR | CY2002 | 02383-02

    Original file (02383-02.pdf) Auto-classification: Approved

    Petitioner enlisted in the Naval Reserve on 23 December the age of 18, and began a period of active duty on 3 194g.at January 1944. d. On 11 November 1944 Petitioner received the Purple Heart for wounds he received in action on 24 October 1944. e. Petitioner served for more than a year without incident. That Petitioner's naval record be corrected to show that he received an honorable general discharge under honorable conditions actually issued on that date. That, upon request, the Veterans...

  • NAVY | BCNR | CY2002 | 05252-01

    Original file (05252-01.pdf) Auto-classification: Approved

    He was 2 On 14 September 1945 the convening That board concluded that in spite of his favorable sentenced to confinement for 33 months, total forfeitures, and a bad conduct discharge. While the Board does not condone such misconduct during a period of wartime, the Board notes that his service in combat appears to have been exemplary. country and the Board believes the sentence to a bad conduct discharge, even if appropriate at the time, should now be recharacterized as a matter of clemency.

  • CG | BCMR | Discharge and Reenlistment Codes | 2006-139

    Original file (2006-139.pdf) Auto-classification: Denied

    When discharged, he was given an undesirable discharge rather than an honorable discharge. CGPC further stated the following: The applicant was discharged from the Coast Guard on April 18, 1945 with an undesirable discharge. 34-93 where the Board upgraded a 1944 undesirable discharge to a general discharge under honorable conditions.

  • NAVY | BCNR | CY2001 | 06155-01

    Original file (06155-01.pdf) Auto-classification: Approved

    6165-01 29 November 2001 From: To: Subj: Chairman, Board for Correction of Naval Records Secretary of the Navy OF Ref: (a) 10 U.S.C.1552 Encl: (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's Naval Record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the requesting, in effect, that his naval record be corrected to show a more favorable discharge than the undesirable discharge on 12 January 1948. Naval Personnel approved the...

  • NAVY | BCNR | CY2001 | 03464-01

    Original file (03464-01.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, requesting, in effect, that his naval record be corrected to show a more favorable discharge than the general discharge discharge issued on 5 October 1958. applied to this Board The Board, consisting of Messrs. Pfeiffer, Zsalman, and 2. The record reflects that he was d. The medical record reflects that Petitioner was admitted to a Naval hospital on 5 September 1956 and, on 20 September 1956, a...

  • CG | BCMR | Discharge and Reenlistment Codes | 2009-096

    Original file (2009-096.pdf) Auto-classification: Denied

    DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. While his military record contains many medical records, there is no record of any injury aboard a ship or of any hospitali- zation for such an injury. of the current Personnel Manual, it is possible that a member today who had, like the applicant, been AOL for more than nine months after previously having been AWOL for about four months,...

  • NAVY | BCNR | CY2001 | 05898-00

    Original file (05898-00.pdf) Auto-classification: Denied

    (BUMED) that you It was the Naval In addition, the Board noted that as you did not have a remaining reserve obligation The Board noted that a determination of your fitness for duty and entitlement to disability benefits administered by the Department of the Navy is under the cognizance of Disability Evaluation System (DES), rather than the Bureau of Medicine and Surgery. case if the PEB had evaluated this member, she would have been found fit for continued active duty service. from active...

  • AF | BCMR | CY2004 | BC-2004-00608

    Original file (BC-2004-00608.DOC) Auto-classification: Denied

    The applicant was administratively discharged with an entry level separation after disclosing a history of Bipolar Disorder for several years prior to entering active duty. A complete copy of the Air Force evaluation is attached at Exhibit C. __________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 31 Aug 04, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days. Exhibit C. Letter,...

  • NAVY | BCNR | CY2002 | 07301-01

    Original file (07301-01.pdf) Auto-classification: Approved

    7301-01 16 May 2002 Chairman, Secretary of the Navy Board for Correction of Naval Records From: To: Subj: Ref: (a) 10 U.S.C.1552 Encl: (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's Naval Record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Marine Corps applied to this Board requesting, in effect, show a more favorable type of discharge than the general discharge issued on 4 March 1955. that his naval record be corrected to The...