MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           13 January 1999                   
	DOCKET NUMBER:   AC98-11320
				   AR1999014765

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. Walter t. Morrison		Member	
	Ms. Margaret V. Thompson		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 general discharge be upgraded to fully honorable.

APPLICANT STATES:  That he has carried the injustice of his general discharge for forty-four years. He states that his general discharge has prevented him from obtaining excellent job opportunities.  He also states that he was innocent of the charge for stealing.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was ordered to active duty in the rank of private first class (E-3) on 10 June 1951 for a period of 2 years, and was assigned to Fort Benjamin Harrison, Indiana, for duty as a motor grader operator (59). 

His unit of assignment was A Company, 843rd Engineer Aviation Battalion.  He was assigned to Germany in 26 August 1952.  In Germany the applicant was convicted by a special court-martial on 26 December 1952 for larceny and wrongful appropriation (3 specifications).

He was sentenced to a reduction in rank to private E-1, a forfeiture of $60.00 pay per month for 3 months, and confinement at hard labor for 3 months.  The convening authority approved the sentence and the applicant was placed in confinement. 

He completed his confinement on 25 March 1953.  He departed Germany on 
2 June 1953 and returned to Fort Benjamin Harrison, Indiana.

Upon the expiration of his term of service on 9 July 1953 the applicant was discharged from the Army.  The characterization of his service during that period was judged to be under honorable conditions and he was issued a General Discharge Certificate.

Army Regulation 615-360, which sets forth the basic authority for the separation of enlisted personnel, in conjunction with Army Regulation 345-470, in effect at the time, provided the option of characterizing a soldier’s service as under honorable conditions (general discharge) when his or her military record is not sufficiently meritorious to warrant an honorable discharge. 

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

1.  The applicant’s separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
2.  In view of the applicant’s special court-martial his general discharge was appropriate.

3.  The applicant has not provided any evidence to support his contention that he was innocent of the crime charged.

4.  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.

5.  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

___X_____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11320	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(, DENY,)	
REVIEW AUTHORITY		
ISSUES         1.	92.37	
2.		
3.		
4.		
5.		
6.