MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:            02 December 1998                  
	DOCKET NUMBER:   AC98-11799

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr. 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H.Kern		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 honorable.

APPLICANT STATES:  That his undesirable discharge was inequitable because it was based on one isolated incident in 64 months of service with no other adverse action.  In support of his request, he submits two letters from acquaintances who testify that he has not had an alcoholic drink in over 20 years.

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

He entered active duty on 1 July 1949.

During the period July 1953 to October 1954 the applicant was administered nonjudicial punishment three times under Article 15, UCMJ, for missing bedcheck.

On 4 August 1954 the applicant was tried and found guilty by summary court-martial for being drunk and disorderly.  He was sentenced to forfeiture of $45.00.

On 31 August 1954 he was convicted by summary court-martial for wrongful appropriation of a government vehicle and disobeying a lawful order.  He was sentenced to forfeiture of $40.00.

On 5 October 1954 the applicant was notified by his commander that he was being recommended for separation under the provisions of Army Regulation 
615-368 for misconduct and shirking.

On 16 October 1954 the applicant was convicted by special court-martial for being disorderly in station.  He was sentenced to confinement at hard labor for 
3 months and forfeiture of $30.00 per month for 3 months.

On 29 December 1954 a board of officers convened to determine whether the applicant should be discharged from the service.  After careful consideration of the evidence before it, the board recommended the applicant be discharged from the service for misconduct and be issued an Undesirable Discharge Certificate.  On 30 December 1954 the separation authority approved the board’s recommendation.

The applicant was discharged on 25 January 1955 at Camp Kilmer, New Jersey. He had 5 years, 4 months and 3 days of creditable service and 81 days time lost.

Army Regulation 615-368, in effect at the time, set forth the basic authority for the elimination of enlisted personnel.  The regulation provided, in pertinent part, that an individual was subject to separation for misconduct because of frequent incidents of a discreditable nature with military or civil authorities and an established pattern of shirking.  An undesirable discharge was normally considered appropriate.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

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

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

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