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NAVY | BCNR | CY2007 | 08661-07
Original file (08661-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51QO
        



         RDZ : ecb
 Docket No. 08661-07
 14 December     2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW NAVAL RECORD OF FORM

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Navy Discharge Review Board Decision
 (2)      Subjects naval record
1.       Pursuant to the provisions of reference (a), Petitioner, filed an application with this Board requesting that his bad conduct discharge (BCD) be upgraded.
2.       The Board, consisting of Messrs and Ms. reviewed Petitioner’s
allegations of error and on 12 December 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 Petitioner’s application was not filed in 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 Navy on 20 September 1945.
 He was 17 years of age. Petitioner received a BCD on 8 October
1948 pursuant to the sentence of summary court-martial (SCM).
At the time of discharge he was within 11 months of completing
his enlistment. The events leading to his discharge are as follows. On 12 July 1948 he was court-martialed for failure to rise at reveille and sentenced to forfeit $270.00 and a BCD. The BCD was suspended for six months. A little over a month later his suspended BCD was vacated on the grounds that during a disturbance with a Chinese dock sentry Petitioner struck him . His disciplinary record shows that prior to his SCM he was disciplined on seven occasions for insolence, disrespect to a military policeman and five absence offenses the longest of which was one day.
d.       In his application to the Board, Petitioner attributes his disciplinary problem to his youth and overindulgence of alcohol while ashore. He also points out that following his discharge he was a good citizen who retired after 30 years of service with a large international oil company. A review of FBI records reveals that Petitioner has no record of arrests following his discharge.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that as a matter of clemency Petitioner’s discharge should be upgraded to general under honorable conditions. This recommendation is based on the minor nature of his offenses, his good post service conduct and the amount of time that Petitioner has had to bear the stigma of a BCD. Under these circumstances the Board believes that interests of justice would be better served if his discharge were to be upgraded.
The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the reasons for the Board’s action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that on 8 October 1948 he received a general discharge rather than a bad conduct discharge.
b. That 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. ZSA LMAN         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 Regulations, Section 72 3.6(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.

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