DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 10797-07
6 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj REVIEW OF NAVAL RECORD Of
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, the
widow of a former member of the naval service, filed an
application with this Board requesting that her late husband's
discharge be recharacterized from general to honorable.
2. The Board, consisting of Mr. ae. Mr. @qeéiil end Ms.
w@uumies, xceviewed Petitioner's allegations of error and injustice
on 23 September 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. Although it appears that Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
waive the statute of limitations and consider the application on
its merits.
c. Subject enlisted in the Regular Navy on 23 November 1942
for six years. This enlistment required him to serve on active
duty until 22 November 1948. Subsequently, he participated in
the bombardment of the Normandy Beaches, the landing in southern
France and the assault on Okinawa. On 14 March 1947 he was
issued orders to transfer to Naval Station, Guam, but never \
reported as ordered.
d. A subsequent investigation concluded that Subject had
fraudulently issued himself orders to a unit in the Los Angeles
area. A general court-martial convened on 6 August 1947 and
convicted him of conduct to the prejudice of good order and
discipline. The court sentenced him to reduction to apprentice
seaman, forfeitures of all pay and allowances, confinement at
hard labor for 18 months and a dishonorable discharge.
Subsequently, the convening authority remitted the discharge
during confinement and gave him six months probation after
restoration to duty. On 23 May 1948, he was restored to duty on
probation. On 23 November 1948 he was issued a general discharge
under honorable conditions.
e. Regulations in effect at the time precluded the issuance
of a fully honorable characterization to anyone who was convicted
by a general court-martial.
f. Petitioner has submitted evidence that she is being
denied a tax benefit by the local city government because her
late husband's service was not characterized as fully honorable.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. It is clear that Subject had over four years of
excellent wartime service prior to the offense which resulted in
the conviction by the general court-martial. Subsequently he
completed his probationary period without incident. Although the
details of the offense are not available, the Board believes that
the original sentence of the court was unduly severe, which is
supported by the action taken by the convening authority which
allowed him to be restored to duty to complete his enlistment.
Given the circumstances and the passage of time, the Board
concludesd that no useful purpose is now served by the general
discharge and it should now be recharacterized to honorable.
The Board further concludes that this Report of Proceedings
should be filed in Subject's naval record so that all future
reviewers will understand the reasons for the change in the
characterization of service.
RECOMMENDATION:
a. That Subject's naval record be corrected to show that
on 23 November 1948 he was issued an honorable discharge vice the
general discharge now of record.
b. That this Report of Proceedings be filed in Subject'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 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
behalf of the Secretary of the Navy.
W. DEAN P R
Executive D or
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