DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 01082-12
2 October 2012
From: Chairman, Board for Correction of Naval Records
Tos Secretary of the Navy
Ref: (a) 10 0.8.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 Navy Reserve, filed enclosure (1)
with this Board requesting an upgrade of his general
characterization of service issued on 3 December 1945.
2. The Board, consisting of Messrs. Dixit, Pfeiffer, and
Mr. Whalen, reviewed Petitioner's allegations of error and
injustice on 2 October 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 enclosure (1) was not filed in a 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 Reserve and began a
period of active duty on 94 June 1943 at age 17. On 25 February
1944 and 3 January 1945, he received nonjudicial punishment (NJP)
for unauthorized absence (UA) and improper performance of duty.
On 18 May 1945, he was convicted by general court-martial (GCM)
of one day of UA and missing ship’s movement. He was sentenced
to confinement, a reduction in paygrade and bad conduct discharge
(BCD). The convening authority approved the sentenced but
suspended the execution of the BCD for 12 months. On 4 September
1945, he received a third NJP for 41 hours of UA. The BCD was
vacated and Petitioner was discharged with a BCD on 5 December
1945.
d. He served during World War II. On 2 March 1948, the
Board for Correction of Naval Records (BCNR) changed his
characterization of service to general under honorable
conditions. Finally, the Board found that he reenlisted in the
Navy Reserve in May of 1958 and again in May of 1963. He
received an honorable discharge after completion of each
enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
In reaching its conclusion, the Board notes Petitioner’s youth,
time in combat service, and after careful and conscientious
consideration of the entire record, including his three NJP’s for
relatively minor disciplinary infractions and conviction by GCM
the Board particularly notes that even though the BCD was proper,
this Board upgraded it to a general discharge in March of 1948.
Based on Petitioner's overall record of military service during
World War II, including over two years of service, post service
accomplishments, and character letters accompanying his
application, the Board concludes that as a matter of clemency,
the record should reflect an honorable characterization of
service. In view of the foregoing, the Board recommends the
following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 3 December 1945, Petitioner was issued an honorable discharge
vice the general discharge granted by this Board on 2 March 1948.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
c, That upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received on
26 January 2012.
of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
4. Pursuant to Section 6(c)
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.
Quon Dor
—
ROBERT D. ZSALMAN 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.
\y Qo
'
W. DEAN P
Executive Oo
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