MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            18 February 1999                  
	DOCKET NUMBER:   AR1998002414

	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. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. John P. Infante		Member	
	Mr. James P. Steuve		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 records be corrected by upgrading his discharge to honorable or under honorable conditions.

APPLICANT STATES:  That he served honorably while in combat in Korea; that he made a mistake after his combat experience; and that his punishment was too severe.  He desires a discharge that will allow him VA health care.

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

On 18 January 1951, he enlisted in the Regular Army.

On 7 February 1952, he was convicted by general court-martial for stealing military payment certificates, of a value of $415.00 from another soldier.  He was sentenced to be dishonorably discharged, to forfeit all pay and allowances, and to be confined at hard labor for three years.

His sentence was approved on 13 March 1952, and affirmed on 24 April 1952.

On 23 June 1952, General Court-Martial Order 683, ordered that the applicant would be confined at hard labor for three years at the Branch U.S. Disciplinary Barracks, Camp Cooke, California, or elsewhere as competent authority may direct.

On 28 March 1953, the applicant’s request for clemency was denied but his parole was approved.

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.  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.

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  The applicant submitted neither probative evidence nor a convincing argument in support of the request.

4.  The type of discharge directed and reasons therefor were appropriate considering all the facts of the case.

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

__tnk___  _jpi____  _jps_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998002414	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990218	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1. 110.02		
2.		
3.		
4.		
5.		
6.