DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 6297-13
11 June 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 4 Jun 13 w/attachments
(2) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject, who is
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by upgrading the
characterization of his undesirable discharge (UD) issued on 5
November 1948, to honorable.
2. The Board, consisting of Messrs. Bey and Hedrick and Ms.
Wilcher, reviewed allegations of error and injustice on 10 June
2014, and pursuant to its regulations, determined that partial
relief should be granted. 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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner reenlisted in the Navy on 20 February 1947
after serving more than two years of prior honorable service
during World War II. He received two summary courts-martial for
32 days of unauthorized absence. After contracting venereal
disease on three occasions, he was recommended for
administrative separation with a UD for unfitness due to unclean
habits. On 5 November 1948, he was so discharged.
c¢. Characterization of service is based, in part, on
conduct marks assigned on a periodic basis. His conduct mark
average was 3.25. A conduct average of 4.0 was required for a
fully honorable characterization of service.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board finds the existence of an injustice warranting
upgrading Petitioner’s UD to a general characterization of
service. The Board does not condone his misconduct. However,
due to his misconduct and insufficiently conduct mark average,
the Board believes that he does not deserve a fully honorable
characterization of service. The Board concludes that an
injustice was made in issuing him a UD, and that his
characterization of service should be upgraded to general under
honorable conditions. In view of the above, the Board directs
the following limited corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show that
on 5 November 1948, he was issued a general under honorable
conditions discharge, vice the UD of the same date.
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.
ec. 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.
d. That no further relief be granted.
e. That the Department of Veterans Affairs be informed that
he applied to this Board on 4 June 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 Regulations, 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.
Re & SD . Ot e RL
ROBERT D.
Acting Executive Director
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