DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5807-10
9 March 2011
From: Chairman, Board for Correction of Naval Records
Te : Secretary of the Navy
Subj: REVIEW OF _ nso OF [ii i i iy
Ref: fay 20 U.Gw@. L552
Enel: 4 DD Form 149 with attachments
1)
(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 under honorable conditions
characterization of her discharge of 29 March 1945 be changed to
fully honorable.
2. The Board, consisting of Mr. Pfeiffer, Mr. Tew and
Ms. Wilcher, reviewed Petitioner's allegations of error and
injustice on 2 March 2011 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
statute of limitations and review the application on its merits.
c. Petitioner enlisted in the Navy on 28 April 1943 at the
age of 22 and served without disciplinary incident. On 29 March
1945, she was the subject of a medical examination and found to
be pregnant. In accordance with the Policies of Administration
for Women’s Reserve, she was discharged from the Navy. On
29 March 1945 the discharge authority directed separation with a
characterization of under honorable conditions.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. The Board's finding is based on her overall satisfactory
record, which includes no disciplinary infractions, and her good
post service conduct. The Board believes if it had not been for
her pregnancy she would have continued to serve in an honorable
manner. In this regard, and as a matter of clemency, the Board
believes that the record should reflect that she was honorably
discharged vice receiving an under honorable conditions
characterization. Based on the foregoing the Board concludes
that no useful purpose is served by continuing to characterize
her service as having been under honorable conditions, and
recharacterization to a fully honorable discharge is appropriate.
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
she was honorably discharged on 29 March 1945 vice issued the
discharge under honorable conditions on the same day.
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.
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
presented 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.
Crim ng
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 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 PFEI
By directi
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