DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Oi S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 07277-13
12 March 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
ae? ay
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with abtachnents
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
dependent of deceased former enlisted member of the Marine Corps,
filed enclosure (1) with this Board requesting a change in her
late father’s bad conduct discharge (BCD).
2. The Board, consisting of Messrs. Zsalman, Gattis, and
Exnicios, reviewed Petitioner's allegations of error and
injustice on 11 March 2014 and, pursuant to its regulations,
determined that the limited 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 Marine Corps and began a
period of active duty on 30 October 1947. On 5 January 1950, he
was convicted by general court-martial (GCM) of 49 days of
unauthorized absence (UA). He was sentenced to a reduction in
paygrade, six months confinement, and a BCD. On 10 February
1950, it was recommended that he be placed in restoration
training with an initial assignment to basic training after
completing two-thirds of his confinement. On 27 March 1950, he
requested remission of his adjudged BCD and that he be restored
to full duty. On 12 April 1950, the Commandant of the Marine
Corps concurred with the recommendation of the local clemency
board and it was directed that, he be restored to duty. On
12 April 1950, it was.further @irected that the unexecuted +7
portion of his sentencée be remitted subject to six months’ of
probation. However, he received the BCD on 12 May 1950 after
appellate review was completed.
' CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
‘favorable action.
Although Petitioner was properly discharged from the Marine Corps ©
as a result of his GCM sentence, he did request and was granted
restoration to duty subject to six months of probation on 12
April 1950. However, he received his BCD on 12 May 1950.
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, - a
Satisfactory conduct and performance for more than two years, the
Board believes that a BCD for 49 days of UA is overly harsh and
not warranted, and as a matter of clemency, a general -
characterization of service better reflects his overall service.
In view of the foregoing, the Board recommends the following
partial corrective action:.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 12 May 1950, he received a “general” discharge vice the BCD.
b. That no further relief be granted.
¢. That a copy of this report of proceedings be filed in —
-Petitioner’s naval record.
od. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on
20 August 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 Navy.
, ROBERT D. ZSALMAN
Acting Executive Director
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