MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:            13 May 1999                  
	DOCKET NUMBER:   AR1998013849

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Samuel Caldron		Member	
	Mr. Kenneth L. Wright		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 to show that he was separated with an Honorable Discharge Certificate.  Further, he requests his service be changed to show his period of active service as December 1951 to December 1954.

APPLICANT STATES: That he received an undesirable discharge because he was blamed for burning a tank.  The commander wanted him to stand trial and he could have beaten the charge.  He further indicates he enlisted in December 1951.

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 reconstructed personnel records.

On 20 February 1953, the applicant was inducted into the Army of the United States.

On 16 May 1953, while stationed at Camp Carson, Colorado, the applicant was separated, with an Honorable Discharge Certificate, for the purpose of immediate enlistment in the Regular Army.  He had 2 months and 27 days of creditable service at that time.

On 17 May 1953, the applicant enlisted in the Regular Army.

The fact and circumstances of his separation are not in the available records.

The Morning Report and paragraph 276, Special Order 277, Camp Kilmer, (COPIES ATTACHED) for the 1264th Transfer Station, Camp Kilmer, New Jersey, indicates, in pertinent part, that on 30 November 1954, the applicant was separated, in the rank of private, under Army Regulation 615-368, based on unfitness.  He was issued an Undesirable Discharge Certificate.

Army Regulation 615-368, in effect at the time, set forth the policy and procedures for separation of enlisted personnel for unfitness.  Unfitness included, in addition to misconduct and repeated petty offenses, habits and traits of character manifested by antisocial or amoral trends.  When rehabilitation was deemed unsuccessful, impractical, or inappropriate and separation for unfitness was warranted, discharge was normally under other than honorable conditions and an Undesirable Discharge Certificate was issued.

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.  There is no evidence of record to support the applicant’s contention concerning his period or characterization of service.  He clearly served from      20 February 1953 to 30 November 1954, and his discharge was appropriate.  He did not serve honorably.

2.  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.

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

RVC____  SC______  KLW____ DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013849	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 May 13	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19541130	
DISCHARGE AUTHORITY	AR 615-368	
DISCHARGE REASON	Unfitness	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.110	Discharge upgrade	
2.113	Establishment of service	
3.		
4.		
5.		
6.