DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 712-16 

From: Chairman, Board for Correction of Naval Records 
To: Secretary ofthe Navy 

Subj: REVIEW NAVAL RECORD OF 

Ref: (a) 10 U.S.C. 1552 

Encl: (1) DD Form 149 with attachments 
(2) Case summary 
(3) Subject's naval record (excerpts) 

1. Pursuant to the provisions ofthe reference, Petitioner, a former enlisted member ofthe Navy, 
filed enclosure (1) with this Board requesting an upgrade ofhis characterization of service. 

2. The Board, consisting of reviewed Petitioner's 
allegations oferror and injustice on 23 September 2016, 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 ofjustice 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 17 December 1943. 
He served without disciplinary incident until 4 January 1945, when he received nonjudicial 
punishment (NJP) for failing to get up when called. 

d. A Report of Medical Survey dated 7 May 1945 indicates that Petitioner had a knee injury 
that existed priorto entry (EPTE) and that it was not a result of his own misconduct. The Board 
of Medical Survey recommended that Petitioner be discharged from the U.S. Naval Service by 
reason ofphysical disability. The discharge authority approved the recommendation and 
directed a General (under honorable conditions) discharge by reason ofphysical disability. On 
18 May 1945, he was so discharged. Petitioner's average conduct mark during his service was 
4.0. 

CONCLUSION: 

The Board, after careful consideration ofall the evidence ofrecord, determined that no useful 
purpose is served by continuing to characterize his service as having been General (under 
honorable conditions), and re-characterization to an Honorable discharge is now more 
appropriate. In this regard, the Board noted that Petitioner's one minor disciplinary infraction did 
not justify a General (under honorable conditions) discharge. Further, The Board noted that 
character ofservice is often based, in part, on the conduct mark average, computed from marks 
assigned on a periodic basis. Petitioner's conduct mark at the time of discharge was 4.0, which 
was above the minimum average conduct mark of 3 .25 required at the time of his discharge in 
order to receive a fully honorable characterization ofservice. 

In view ofthe above, the Board directs the following corrective action. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that he was issued an Honorable 
discharge on 18 May 1945. 

b. That Petitioner be issued a new Certificate ofRelease or Discharge From Active Duty (DD 
Form 214). 

c. That a copy ofthis Report ofProceedings be filed in Petitioner's naval record. 

d. That, upon request, the Department ofVeterans Affairs be informed that Petitioner's 
application was received by the Board on 1February2016. 

4. Pursuant to Section 6(c) ofthe revised Procedures of the Board for Correction ofNaval 
Records (32 Code ofFederal 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 ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures ofthe 
Board for Correction ofNaval 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 ofreference (a), has been approved by the Board on 
behalfofthe Secretary ofthe Navy. 



Executive Director