DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6434-10
20 January 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW _OF NAVAL RECORD OF rere ee se Ee
Ref: (ay 10 U.S.0. Lodz
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 Navy Reserve, filed enclosure (1)
with this Board requesting to change the characterization of his
discharge from indifferent to general.
2. The Board, consisting of Messrs. Garst, Grover ana Pfeiffer,
reviewed Petitioner's allegations of error and injustice on
20 January 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 2 October 1943 and
served until his separation on 26 October 1943 with no
disciplinary infractions.
d. After undergoing the physical examination and induction
process, Petitioner was determined to be unsuitable in accordance
with an approved report of station aptitude board, having only
three years of elementary school.
e. On 26 October 1943 Petitioner was issued an indifferent
discharge under satisfactory conditions.
f. Indifferent discharges were no longer awarded after World
War II. Under today’s standards an individual discharged under
the same circumstances as Petitioner would receive the type of
discharge, either honorable or general, warranted by the service
record.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable ,
action.
Based upon Petitioner’s overall satisfactory record of service
the Board concludes that the characterization of service
warranted by his service record is a general discharge.
RECOMMENDATION :
a. That Petitioner's naval record be corrected showing that on
26 October 1943 he received a general discharge vice the
indifferent discharge actually issued on that date.
b. That a copy of this Report of Proceedings be filed in
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.
ROBERT D. ZSALMAN BRIAN J.VYGEORGE
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.
RN
DEAN PFE
Executive Dilgje
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE RD SUITE 1001 ARLINGTON VA 22204-2490 BAN Docket No.NR11050-14 30 December 2014 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD 1CO