DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
REC
Docket No: 11019-09
6 August 2010
From: Chairman, Board for Correction of Naval Records
Oe Secretary of the Navy
subj: REVIEW OF NAVAL OF RECORD a ee
Ref: fa) 210 0.6.-¢. 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 the characterization of his bad conduct
discharge (BCD) of 21 August 1941 be changed.
2. The Board, consisting of Mr. P. ——p
and Mr. reviewed Petitioner's allegations of error
and injustice on 4 August 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
in a timely manner, 4st is in the interest of justice to
waive the statute of limitations and review the application
on its merits.
ey
c. Petitioner enlisted in the Navy on 11 October 1940,
at the age of 20. He reported onboard USS NEVADA on 4
January 1941. On 28 April 1941, he was convicted by a
summary court-martial (SCM) of gambling for money with
cards and dice. He was sentenced to forfeitures of $144,
and confinement for 60 days. On 27 June 1941, he was
convicted by a second SCM of gambling for money with dice
and seven specifications of loaning money for profit. He
was sentenced to forfeitures of $108, and a BCD.
d. Petitioner was transferred to the USS HENDERSON
awaiting review of his BCD. On 12 August 1941, the
separation authority approved his BCD.
e. Under current standards, and those prevailing at the
time of Petitioner's discharge, his conduct marks were
«+nsufficient to merit an honorable discharge.
CONCLUSION:
Upon review and consideration of all the evidence of
record, the Board concludes that Petitioner's request
warrants favorable action. The Board notes how minor the
offenses were and his honorable intentions and patriotism
to his country, and bases its recommendation on his
loyalty, and desire to serve his country during a time of
war. Accordingly, the Board concludes that as a matter of
clemency, relief in the form of a general discharge is .
appropriate. The Board notes that he did not have a
conduct mark average sufficiently high enough to warrant an
honorable discharge.
In view of the foregoing, the Board finds the existence of
an injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show
that he received a general discharge on 21 August 1941.
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.
d. That the Department of Veterans Affairs be notified
that Petitioner applied to this Board on 22 September 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.
ROBERT D. 4SALMAN 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.
VS
W
. DEAN PFE R
By directio
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