DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 03487-09
20 January 2010
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 Navy, filed enclosure (1) with this
Board requesting that the other than honorable (OTH)
characterization of his discharge be changed.
2. The Board, consisting of Messers “RM and re, and
MowMGM reviewed Petitioner's allegations of error and
injustice on 13 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
Eollows: ,
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 Navy in on 29 June 1951. During
his period of service, he received nonjudicial punishment on
eight separate occasions from 23 November 1951 to 16 December.
1954, His offenses were failures to obey a lawful orders and
unauthorized absences (minutes late, not making his bed,
hitchhiking, and using foul language in the presence of an
officer). He was given an administrative discharge board for
misconduct due to a pattern of misconduct, and it voted to
separate him with an OTH discharge and an RE-4 reenlistment code.
d. In Petitioner's application, he states that it was over 50
years ago when he made poor decisions, was immature and made bad
judgment calis. He states that his misconduct was only minor in
nature, and that his service record did not warrant an OTH
discharge. Additionally, he notes that he honorably served in
combat during the Korean War.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes the nature of Petitioner's misconduct and does
not condone his infractions. However, the Board's finding is
based on his service in combat during the Korean War and the fact
that his misconduct was only minor in nature. Based on the
foregoing, and considering the fact that he has suffered the
consequences of such a discharge for more than 50 years, the
Board concludes that no useful purpose is served by continuing to
characterize his service as having been under OTH conditions, and
yecharacterization to a general discharge is appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION :
_ @. That Petitioner's naval record be corrected to show that he
was issued a general discharge on 15 February 1955 vice an OTH
discharge on the same day.
b. That a copy of this Report of Proceedings be filed in
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. ZASALMAN ' BRIAN 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.
“(SQ aer |
W. DEAN P
By direction
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