APPLICANT REQUESTS:  In effect, that his dishonorable discharge be upgraded.

APPLICANT STATES:  He makes no statement.

COUNSEL CONTENDS:  (FBI has record of 5 arrests)

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

He was inducted into the Army on 8 July 1953.

The applicant was convicted by two summary and one special courts martial of being absent without leave (AWOL); failing to go to his appointed place of duty and breaking restriction; and AWOL, respectively.

On 25 March 1955, the applicant was convicted by a general court-martial of disobeying a lawful command, breaking arrest in quarters, and wrongfully appropriating the property of another, value of about $10.  He was sentenced to a dishonorable discharge, to forfeit all pay and allowances and to confinement at hard labor for 2 years.

In an interview upon admission to the confinement facility, the applicant stated he, in effect, worked for the Criminal Investigation Division (CID) undercover in blackmarket operations.  His commander did not know he was working for CID  and he couldn’t explain it to him.  He committed most of his military offenses in the line of these duties.  (Phone conversation with the Crime Records Center,   U. S. Army Criminal Investigation Command on 31 August 1998, indicated that their current records are destroyed after 40 years.  Any records that may have verified this information would have been destroyed a few years ago.)

On 13 June 1955, the U.S. Army Board of Review affirmed the sentence.

On 23 June 1955, the applicant was dishonorably discharged, pursuant to his court-martial sentence.  He had completed 1 year, 4 months and 13 days of creditable active service and had 222 days of lost time.

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 offense charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

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

                       DENY APPLICATION

                             				 Loren G. Harrell
					 	 Director