DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 5116-13
24 June 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: aa ss NAVAL RECORD OF PG
Ref: {a) 10 U.S.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, filed enclosure (1) with this
Board requesting a change in his bad conduct discharge (BCD)
received on 24 September 1945.
2. The Board, consisting of Mr. Dixit, Mr. Zsaliman, and
Ms. Davis, reviewed Petitioner's allegations of error and
injustice on 17 June 2014 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 and began a period of
active duty on 1 September 1942. The Board found that on
12 December 1944, during a time of war, he was convicted by
general court-martial (GCM) of seven days of unauthorized absence
(UA) and missing ship’s movement. He was sentenced to a4
reduction in paygrade, nine months of confinement, and a BCD. On
20 December 1944, the convening authority approved the sentence.
However, if his conduct was satisfactory after four months, the
remaining period of confinement would be suspended for a 12 month
probationary period. He was released from confinement on
19 April 1945, and placed on probation. On 23 April 1945, he
went UA and returned on 25 April,1945. At that time, his conduct
was found to be unsatisfactory, violating his probation. It was
ordered that he bé transferred to serve out the remaining portion
of his confinement, and on 24 September 1945, he received a BCD >
after appellate review was completed.
d. In his application, Petitioner states that the offense
that resulted in his BCD was not serious enough to warrant it.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief.
After careful and conscientious consideration of the entire
record, the Board concludes that even though the BCD was proper,
based on Petitioner's overall record of military service,
satisfactory conduct and performance for more than three years,
and his service during World War II, the record should reflect a
general characterization of service as an act of clemency.
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 24 September 1945, he received a general discharge vice the
BCD actually issued on that date.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
a, That upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received on 9 May
2013.
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
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.’
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 as
ROBERT D. * SALMAN
Acting Executive Director
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