MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 January 1999                   
	DOCKET NUMBER:   AC98-12863
				   AR1998013788

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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 bad conduct discharge be upgraded to a general discharge under honorable conditions.

APPLICANT STATES:  He was young and foolish and now knows he did wrong. Now that he is old, he is trying to get back his respect and honor.

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

The applicant was born on 15 April 1930.  He enlisted in the Regular Army on     5 March 1948.  He was assigned to Europe on 27 June 1948.

In January 1949, the applicant was convicted by a summary court-martial of willful disobedience of an order.  He was sentenced to forfeit $30 pay and to 30 days restriction.

In June 1949, the applicant was convicted by a summary court-martial of being disorderly in quarters.  He was sentenced to forfeit $15 pay and to 30 days restriction.  

The applicant had received punishment under Article of War 104 five times.
The specific offenses for which he was punished are not known.

On 18 November 1949, the applicant was convicted by a special court-martial of being drunk and disorderly in command; being drunk and disorderly in uniform in a public place; and breaking restriction.  He was sentenced to forfeit $50 pay for 6 months, to be confined at hard labor for 6 months, and to be discharged with a bad conduct discharge.

On 18 November 1949, the applicant was discharged, in pay grade E-1, with a bad conduct discharge pursuant to his court-martial sentence.

Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations.

3.  The Board empathizes with the applicant’s concern, but his record of service prior to his special court-martial does not merit an upgrade of his discharge.

4.  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

__KJN___  __FNE___  __JPI___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12863/AR1998013788	
SUFFIX		
RECON		
DATE BOARDED	19990121	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19491118	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.00	
2.		
3.		
4.		
5.		
6.