DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 02673-09
1 March 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF =m
Ref: (a) 10 U.S.C. 1552
Enel: (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 of service be upgraded from undesirable to
honorable.
2. The Board, consisting of Messrs. ie: see and Ms.
H ei reviewed Petitioner's allegations of error and
‘injustice on 3 December 2009 and, pursuant to its regulations,
determined that the limited 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 12 May 1952, and served
without disciplinary incident until 24 May 1954, when he was
convicted at a special court-martial (SPCM) for larceny. It
appears that he merely took a lighter that he found on the floor.
He was found guilty of willfully or intentionally stealing the
lighter from another Sailor. Therefore, on 24 August 1954, he
was separated with an undesirable discharge due to the good of
the service.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
favorable action. Although he was found guilty at a SPCM for
larceny, the Board feels that the records of his court-martial
revealed that he took a lighter he found on the floor. Although
he should have turned the lighter in to the master-at-~-arms, he
did not willfully or intentionally steal the lighter from a
fellow shipmate. The Board also notes that his record prior to
the conviction was outstanding and he had never received any
other disciplinary actions for misconduct. Therefore, the Board
concludes that his characterization of separation should be
upgraded from undesirable to general. In view of the above, the
Board recommends the following partial corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that he
received a general discharge vice the undesirable discharge on 24
August 1954 now of record.
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.
a. That no further relief be granted.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) 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 proceeding
in the above entitled matter.
ROBERT D. ZSALMAN BRIAN Gann} Aang 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.
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