DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 1435-10
19 February 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: Exif
REVIEW OF NAVAL RECORD (RECONSIDERATION)
Ref : (a) Title 10 U.S.c. 1552
Enel: (1) Undtd DD Form 149 w/encls
(2) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by changing the
characterization of his bad conduct discharge (BCD) assigned on
8 March 1946 to a general discharge.
2. The Board, consisting of Messrs. @MF and GM anc Ms.
mbit: ceviewed allegations of error and injustice on 18
February 2010, and pursuant to its regulations, determined that
limited relief should be granted. 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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner entered active duty in the Navy on 3
November 1942. He received four captain’s masts, two deck
courts, and two summary courts-martial. His offenses included
being intoxicated on duty, drinking alcoholic beverages in an
out of bounds area, five instances of unauthorized absence (UA)
totaling about 30 days, disobedience of lawful orders, missing
muster which caused missing draft, and conduct prejudicial to
good order and discipline. On 12 July 1945, he was convicted
by general court-martial for a six day period of UA, and
awarded the BCD. He was placed on probation and restored to
duty after serving five months confinement, but was diagnosed
with a personality disorder, which rendered him unfit for
further service. He was given the BCD on 8 March 1946 before
he could complete his probation.
c. Petitioner had extensive World War II combat duty,
which included the invasions of Sicily, Anzio, and establishing
the Normandy beachhead. He was wounded in action and received
the Purple Heart medal.
CONCLUSTON:
Upon review and consideration of all the evidence of record,
the Board finds the existence of an injustice warranting
upgrading Petitioner’s BCD to a general discharge. The Board
does not condone his misconduct, but notes that all of his
offenses were minor in nature. The Board particularly notes
that he received the BCD for a six day period of UA, was
restored to duty in a probationary status, and then was unable
to complete it due to his diagnosed personality disorder. The
Board also notes his extensive combat experience, including his
Purple Heart medal, and finds that as a matter of clemency, his
discharge should be upgraded.
In view of the above, the Board directs the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by to show
that on 8 March 1946, he was issued a general discharge, vice
the BCD of the same date.
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 informed
that he applied to this Board in November 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. ZSALMAN 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 Regulations, 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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