DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04398-10
31 January 2011
From: Chairman, Board for Correction of Naval Records
Tex Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF hee os TP ply
Ref: (a) 10 U.S7€, 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 his
characterization of service be upgraded from an undesirable
discharge (UD) to an honorable characterization of service.
2. The Board, consisting of Messrs. Geberth, Pfeiffer, and
Silberman, reviewed Petitioner's allegations of error and
injustice on 26 January 2011 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 first enlisted in the Navy on 25 November 1940
and served honorably until 28 October 1946. He reenlisted and
served without disciplinary incident until 5 July 1948, when he
received nonjudicial punishment (NJP) for being out of uniform.
Shortly thereafter, he received the following disciplinary
actions: on 3 and 5 September 1948, he received NJP for two
specifications of unauthorized absence (UA); on 10 October 1948,
he received NJP for UA; on 21 October 1948, he received NUP for
UA; and on 17 June 1949, he was convicted at a summary court-
martial of (SCM) failure to report an accident. In addition, on
20 September 1949, while on authorized liberty, he was arrested
by civil authorities in Ventura, California, for drunk driving.
He was found guilty, fined, and sentenced to 120 days ina
civilian jail. He was notified that he was being
administratively separated due to his frequent involvement of a
discreditable nature and recommended for a UD. He waived all
procedural rights. Therefore, on 21 October 1949, he was
separated with a UD and was not recommended for reenlistment. He
received the Purple Heart medal for being wounded during World
War II.
CONCLUSION:
ey
?
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
Favorable action. Although he received four NJP’s and a SCM, the
Board particularly notes that he served in World War II and
received a Purple Heart medal. The Board believes that clemency
ig warranted due to his injuries and his prior honorable service.
Therefore, the Board concludes that his characterization of
separation should be upgraded from a UD to general discharge. 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 UD on 21 October 1949 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.
d. 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
proceedings in the above entitled matter.
ROBERT D. ZSALMAN BRIAN J
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.
W. DEAN PFEIFFER
Executive Director
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