DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecbh
Docket No. 10024-07
11 July 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF FORM]
Ref: (a) 10 U.S.C. 1552
Encl: (1) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner,
applied to this Board requesting that his discharge be upgraded.
2. The Board, consisting of Messrs Dunn, Washington and Ms.
Humberd, reviewed Petitioner's allegations of error and
injustice on 1 July 2008 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. Petitioner's application to the Board was filed ina
timely manner.
Cc. Petitioner enlisted in Marine Corps on 31 August 1951. In
October 1952 he reported for combat duty in Korea as a member of
the First Marine Division. Petitioner was promoted to corporal
(CPL) on 31 January 1953 and on 27 March 1953 while serving as a
fire team leader he received shrapnel wounds to his arm and hand
while engaged in combat operations against enemy forces. As a
result he was awarded the Purple Heart. Petitioner left Korea
in October 1953. He was discharged on 23 December 1953 and
reenlisted the following day for a term of six years. At the
time of his discharge he held the rank of CPL; had no
disciplinary infractions and possessed excellent to outstanding
marks in conduct and performance of duty. Petitioner was
promoted to sergeant (SGT) on 1 February 1954,
d. Unfortunately between March and September 1954 Petitioner
was the subject of four disciplinary actions for three short
periods of unauthorized absence (UA) the longest being 14 hours,
breaking restriction, wrongful appropriation of a motor vehicle
and wrongful possession of a liberty pass. His last act of
misconduct which resulted in his receiving an undesirable
discharge (UD) occurred on 14 september 1954 when he was
convicted by civil authorities of being a “peeping tom.”
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that as a matter clemency Petitioner’s request
for an upgrade of his UD should be granted. The Board is
favorably impressed by the quality of Petitioner’s service
during his initial enlistment consisting of excellent to
outstanding marks in conduct and proficiency, promotion to
corporal and his performance in combat operations, culminating
in the award of the Purple Heart. Secondly although
Petitioner’s misconduct was frequent it was for the most part of
a minor nature. And finally there is the fact that Petitioner
has had to carry the stigma of his UD for nearly 54 years.
Combining all these elements with the fact that Petitioner has,
for the past 50 years conducted himself as a responsible law
abiding citizen the Board believes that the interests of justice
would be better served by upgrading his UD to general under
honorable conditions.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
24 October 1954 he received a general discharge in lieu of the
undesirable discharge actually issued on that date.
b. That upon request, the Department of Veterans' Affairs be
informed that Petitioner's request was received by the Board on
8 November 2007.
4. It is certified that a quorum was
review and deliberations,
complete record of the Board'
matter.
ROBERT D. ZSALMAN
Recorder
BRIAN J. EORGE
Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(e))
having ensured compliance with its provisions,
announced that the foregoing corrective action, taken under the
provisions of reference (a), has been approved by the Board on
behalf of the secretary of the Navy.
LODenS
W. DEAN PFE
Executive Dilract
, and
it is hereby
ARMY | BCMR | CY2002 | 2002066409C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. After reviewing the evidence presented, the board heard a closing statement presented by the applicant’s counsel in which he requested that the board consider the applicant’s excellent combat record and instead, recommend that he be separated from the service due to unsuitability. The applicant’s contention that he suffered from PTSD has been noted by the Board; however,...
ARMY | BCMR | CY2007 | 20070016008
In his 3 years of service, given his rise to the noncommissioned officers rank of corporal; his achievements in combat as evidenced by his award of the Purple Heart and the Combat Infantryman Badge; and lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service. Evidence...
ARMY | BCMR | CY2002 | 2002080848C070215
Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. c. Award of the Korean Service Medal. That all of the Department of the Army records related to this case be corrected by issuing to the...
ARMY | BCMR | CY2002 | 2002074139C070403
The applicant requests that the satisfactory efficiency rating in his record be changed to excellent so that he can be awarded the Good Conduct Medal (GCM). In support of his request, he submits a copy of his DD Form 214, Report of Separation; a copy of Section 4-Chronological Record of Military Service, from his military records, showing his conduct and efficiency ratings; a copy of a 1985 letter from the US Army Reserve Component Personnel and Administration Center, responding to his...
NAVY | BCNR | CY2005 | 01801-05
The Board, consisting of Mr., Mr.and Mr., reviewed Petitioner’s allegations of error and injustice on 30 August 2005, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. That Petitioner’s naval record be corrected to show he was separated with an honorable discharge on 3 August 1954 and that he was recommended for reenlistment, vice the under honorable conditions discharge and the non-recommendation for...
ARMY | BCMR | CY2012 | 20120011688
The FSM's military service records are not available to the Board for review. The evidence of record further shows the FSM qualified for award of the: * National Defense Service Medal based on his active duty service during the Korean Conflict * United Nations Service Medal based on his award of the Korean Service Medal * Republic of Korea War Service Medal for his service during the Korean Conflict Therefore, his DD Form 214 should be corrected to show these awards. d. Despite the absence...
ARMY | BCMR | CY2006 | 20060003779C070205
The applicant requests that he be awarded the Purple Heart and that his report of separation (DD Form 214) be corrected to reflect his time as a Prisoner of War (POW). Medical documents prepared at the time of his repatriation on 15 August 1953 clearly indicate that the applicant was wounded on the date of his capture by enemy forces in Korea on 27 April 1951. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the...
ARMY | BCMR | CY2010 | 20100022928
The applicant requests that awards of the Purple Heart and the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States). Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. He was wounded as a result of enemy action in Korea on 16 July 1950 while...
ARMY | BCMR | CY2004 | 2004103833C070208
The applicant requests that the undesirable discharge of her deceased husband, a former service member (FSM) be upgraded to honorable. The attending psychiatrist opined that the FSM was showing a chronic form of psychosis and as such he was not responsible for his conduct. The available records fail to show that this Board ever received or considered the FSM’s application for correction of military records dated 19 September 2002.
ARMY | BCMR | CY2010 | 20100025398
Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. Accordingly, those awards should be awarded and added to his records at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding him the Purple Heart for wounds received in action in Korea on 9 August...