DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 8442-09
10 May 2010
From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy
RECORD OF
Subj: REVIEW NAVAL
Ref: (8) 10 0.8.C. Lodz
Fncl: (1) DD. Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
filed enclosure (1) with this Board requesting an upgrade of the
bad conduct discharge (BCD) he received on 18 March 1949.
2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and
Zsalman, reviewed Petitioner's allegations of error and injustice
on 7 May 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
Statue of limitation and review the application on its merits.
c. Petitioner enlisted in the Navy on 20 May 1947 at the age
of 17. He served for nearly a year without disciplinary
incident, however, during the period from 4 May to 11 November
1948 he received captain’s mast (CM) on three occasions for being
out of uniform, gambling, and drunkenness.
dad. On10 January 1949 Petitioner was convicted by summary
court-martial (SCM) of disobedience, using obscene and abusive
language, and creating a disturbance. He was sentenced to a $120
forfeiture of pay and a BCD, which was remitted for six months.
e. On 12 March 1949 Petitioner was convicted by eivil
authorities of willful and malicious destruction of a toilet
tissue holder, toilet bowl, and tower rack valued at
approximately $75. He was sentenced to probation for a year and
to make restitution for the damages in the amount ef §37.50.
Subsequently, he was also convicted by cM of the foregoing
offenses and the BCD awarded at the 10 January 1949 SCM was
ordered executed. As a result of this action, on 18 March 1949,
he was issued a BCD.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board is aware of Petitioner's record of disciplinary
incidents and does not condone his misconduct. However, the
Board's finding is based partially on his overall performance
record, which includes a conduct average of 2.33, and the minor
nature of his misconduct. In this regard, the Board does not
believe that, under today’s standards, his minor disciplinary
infractions would not warrant a BCD. Based on the foregoing, and
considering the fact he has suffered the consequences of a BCD
for more than 60 years, the Board concludes that no useful
purpose is served by continuing to characterize his service as
having been under other than honorable conditions, and
recharacterization to a general discharge is appropriate.
Accordingly, the Board concludes that relief in the form of
recharacterization of his discharge is appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION :
a. That Subject's naval record be corrected to show that he
was issued a general discharge on 18 March 1949 vice a BCD on the
same day.
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 10 August 2009.
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
proceedings in the above entitled matter.
CA ts, b. Aro
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.
TTR pe D,
Yee DEAN PFEIFFER
Executive Director
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