DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01972-08
12 November 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Navy, filed enclosure
(1) with this Board requesting, in effect, that his
characterization be changed from a general discharge to an
honorable discharge.
2. The Board, consisting of Mr. qe@RBMM Ms. mm and Ms.
bl reviewed Petitioner's allegations ‘of error and
injustice on 29 October 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 enlisted in the Navy on 16 August 1960. In
September 1961, Petitioner submitted a hardship separation
request in order to be released from active duty service to take
care of his ailing parents. His package consisted of medical
documentation of his parents illness and his family’s support to
be released in order to take care of them. However, his request
was denied.
c. On 31 October 1961, Petitioner was convicted at a summary
court-martial for an unauthorized absence in excess of 12 days.
Petitioner claims that he went home to take care of his parents
since his sister, who was currently taking care of them, left
them unattended.
d. On 17 January 1962, he was separated by reason of
unsuitability and received a general discharge and an RE-4
reenlistment code.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board initially notes that Petitioner initially served
without disciplinary action until his unauthorized absence due to
his parents’ illness and the denial of his hardship separation
request. The Board concludes that an honorable discharge is
warranted due to extenuating circumstances regarding his
unauthorized absence which led to his conviction at a summary
court-martial. In view of the above, the Board directs the
following relief.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show a
change in characterization from general to honorable which was
assigned on 17 January 1962.
b. That any material or entries inconsistent with or relating
to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
c. That any material directed to be removed from Petitioner's
naval record be returned to the Board, together with a copy of
this Report of Proceedings, for retention in a confidential file
maintained for such purpose, with no cross reference being made a
part of 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.
\woark
W. DEAN PFE
Executive di or
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