DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 26370-5100
RDZ:ech
Docket No. 01623-09
20 January 2010
From: Chairman, Board for Correction of Navai Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF ae
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, applied to this
Board requesting that the characterization of his discharge be
changed.
2. The Board, consisting of Mr. Spain, Ms. McCormick and Ms.
Colbert, reviewed Petitioner's allegations of error and
injustice on 12 January 2010 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 enclosure (1) was not filed ina
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 Marine Corps on 3 May 1961 at
18 years of age. From May 1961 until March 1963 Petitioner
earned solid performance marks and had no disciplinary
infractions. Unfortunately on 4 March 1963, pursuant to his
plea of guilty to a charge of assault, a civil court sentenced
him to pay a fine of $500.00. Due to his conviction Petitioner
was referred to an administrative discharge board (ADB) for the
purpose of determining whether or not he should be retained or
discharged. In his written referral of Petitioner's case to an
ADB his commanding officer recommended that Petitioner be
retained based in part on the fact that Petitioner was a good
worker and the fact that he had no prior disciplinary
infractions. Petitioner obviously believing, albeit mistakenly,
that his commanding officer’s recommendation would be accepyed
by the ADB waived his right to be represented by a military
lawyer .: é
d. On 30 April 1963 the ADB convened and despite the
recommendation of Petitioner’s commanding officer decided that
Petitioner should be discharged with an undesirable discharge
based on its belief that his conviction showed that he was
likely to be a danger to himself and others i£ retained.
Petitioner was so discharged on 24 May 1963.
e. Since his discharge in 1963 Petitioner has been a law
abiding citizen who recently retired from the Verizon
Corporation.
‘CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that favorable action is warranted.
The Board bases its recommendation on the isolated and minor
nature of Petitioner’s offense as well as the absence of
aggravating circumstances which is attested to by the fact that
the civil court, as part of its sentence, could have ordered: a
period of confinement but instead chose only to impose a fine.
Moreover with the benefit of hindsight and as. evidenced by
Petitioner’s post service conduct, the ADB’s opinion that he
would be a danger to himself and others was wrong.
In view of the foregoing the Board believes that the interests
of justice would be better served by changing Petitioner's
discharge from undesirable to general under honorable
conditions.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that he
was issued a general discharge under honorable conditions on 24
May 1963 vice the undesirable discharge.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
c. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 23 January 2009.
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.
RO dD hae
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 provisions of reference (a), has been approved by the
Board on behalf of the Secretary of the Navy.
a!
WwW. DEAN P
Executive
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