DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4329-11
22 February 2012
From: Chairman, Board for Correction of Naval Records
Lo Secretary of the Navy
Subj : REVIEW OF NAVAL RECORD OF
Ref : (a) 10° U.8.C. 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 Marine Corps Reserve, filed
enclosure (1) with this Board requesting that the general
characterization of his discharge of 20 January 1952 be changed.
2. The Board, consisting of Mr. Dixit, Mr. Pfeiffer and Ms.
Henkel, reviewed Petitioner's allegations of error and injustice
on 15 February 2012 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 was assigned to extended active duty in the
Marine Corps on 21 September 1950 and served honorably until
released on 15 September 1950. On 20 January 1952, he was
discharged from the Marine Corp Reserve and assigned a general
characterization. He was not the subject of any disciplinary
action. At the time of his discharge he had a conduct average
of 4.0 which was sufficiently high for a fully honorable
characterization of service.
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 periodic conduct
marks. The Board notes that his conduct average of 4.0 was
sufficiently high to warrant a fully honorable characterization
of service. Based on the foregoing the Board concludes that no
useful purpose is served by continuing to characterize his
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 is corrected to show that
he was honorably discharged on 20 January 1952 vice being issued
a general 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 ina
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. ZSALMAN \ Hog
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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