DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11444-10
22 July 2011 ,
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
sub} eel
Ref: (a) 10 U.S.C. 1552
Encl: { DD Form 149 with attachments
iL)
(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 bad conduct discharge of 29 November
1946 be changed to a general characterization of service.
2. The Board, consisting of Mr. Hedrick, Mr. Midboe and Mr.
Pfeiffer, reviewed Petitioner's allegations of error and
injustice on 20 July 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 6 January 1942 at the
age of 19. While serving on board the USS ELDORADO {AGC-11) he
participated in the amphibious assault and occupation of Okinawa, _
Iwo Jima and the liberation of the Philippines. He was awarded
the Philippines Liberation ribbon.
a. He received nonjudicial punishment on three occasions from
19 June 1943 through 3 April 1944 for two instances of disobeying
Lawful regulations and unauthorized absence (UA) from his unit.
On 19 February 1944, he was convicted by summary court-martial
(SCM) of UA from his unit for a period of six hours and 45
minutes. On 23 June 1945, he was convicted by SCM of UA from his
unit for one day. On 29 October 1945, he was convicted by
general court-martial (GCM) of UA from his unit for one day. The
sentence imposed was reduction in paygrade, confinement and a bad
conduct discharge (BCD). The BCD was suspended for six months.
On 30 April 1946, he was again UA from his unit for one day. The
BCD wag vacated and on 29 November 1946, he was discharged.
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 his participation in
amphibious assaults, occupation and liberation activities during
World War II, and his good post service conduct. In this regard,
and as a matter of clemency, the Board believes that the record .
should reflect that he was discharged under honorable conditions
vice receiving a BCD. Based on the foregoing the Board concludes
that no useful purpose is served by continuing to characterize
his service with a BCD and recharacterization to under honorable
conditions 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
he was issued a general discharge on 29 November 1946 vice the
BCD 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.
ce. 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.
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.
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