MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  4 February 1999     
	DOCKET NUMBER:   AC98-09192
                                              AR1999016030

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Van B. Cunningham		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his undesirable discharge (UD) of 25 January 1955 be upgraded to an honorable discharge (HD) or a general discharge (GD).

APPLICANT STATES:  In effect, that he did not understand his legal counsel or the effect of a UD on his personal life.

COUNSEL CONTENDS:  Counsel provided no information that would benefit the applicant.

EVIDENCE OF RECORD:  The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

He enlisted in the Regular Army on 21 July 1952 and served until he was separated with a UD on 25 January 1955 under the provisions of Army Regulation (AR) 615-366.  Nothing more is known of the circumstances surrounding the discharge.

In 1981, the applicant was granted a personal appearance hearing before the Army Discharge Review Board (ADRB).  He failed to respond to a notification letter and the case was heard based upon the limited information available to the board.  The ADRB denied the applicant’s request for a discharge upgrade based upon a presumption of administrative regularity in the Government’s handling of the case in 1955.

Army Regulation 615-366, in effect at the time, set forth the basic authority for the separation of enlisted personnel for reasons of fraudulent entry, AWOL, desertion, or conviction by a civil court.  The regulation provided that members guilty of the above misconduct were subject to separation.  An undesirable discharge was directed.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  There are no facts and circumstances in the applicant’s records to explain the reason for his discharge in 1955.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time, and that the character of the applicant’s discharge is commensurate with his overall record.
3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_JHL____  AAO_____  VBC_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-09192/AR1999016030	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990204	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19550125	
DISCHARGE AUTHORITY	AR 615-366	
DISCHARGE REASON	UNKNOWN	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	In effect, that he did not understand his legal counsel or the effect of a UD on his personal life.	
2.		
3.		
4.		
5.		
6.