MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            3 November 1999
	DOCKET NUMBER:   AR1998014198

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Stanley Kelley		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 be upgraded to an honorable discharge.

APPLICANT STATES:  That he was 18 years of age at the time he was inducted, that he was young and immature, and that because he was raised without a father figure from the age of 13, he was not prepared for life in the military after having been over-protectively raised by his mother.  He further states that at the time he did not feel that it was such a serious matter that he went home to be with his mother but that he now knows how serious it is.  He also states that he desires to have the circumstances surrounding his discharge considered in the light he has explained because he believes that had it been considered at the time in the same manner, he would not have received an undesirable discharge. He continues by stating that he has been a productive law-abiding citizen since his discharge but that his discharge hinders his ability to obtain employment.  In support of his application he submits six letters of support from third parties which attests to his good character.  He also submits a copy of his report of separation (WD AGO Form 53-55).

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center at St. Louis, Missouri which destroyed millions of service records.  However, the documents provided by the applicant show:

He was inducted at the age of 18 on 7 August 1945 at Fort McArthur, California and was transferred to Camp Roberts, California to undergo basic training.

On 9 July 1946 he was discharged under other than honorable conditions under the provisions of Army Regulation 615-368 for unfitness.  He had served 3 months and 14 days of total active service and had 222 days (7 months and 4 days) of lost time due to AWOL.

Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness.  That regulation provided for the discharge of individuals who had demonstrated their unfitness by giving evidence of habits and traits of character manifested by misconduct.  An undesirable discharge was normally considered appropriate.

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 the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
2.  It also appears that the type of discharge directed and the reasons therefor were appropriate even given the limited information contained in the available records.

3.  The applicant’s contentions and supporting documents have been noted by the Board.  However, they are not are not sufficiently mitigating when compared to the applicant’s overall undistinguished record of service and the fact that he was AWOL for over 7 months of his 11 months of service.

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

___sk___  ___esc __  __fe ____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998014198	
SUFFIX		
RECON		
DATE BOARDED	1999/11/03	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1946/07/09	
DISCHARGE AUTHORITY	AR 615-368	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583 	144.5000/A51.00/UNFITNESS	
2.		
3.		
4.		
5.		
6.