MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           14 Apr 99 
	DOCKET NUMBER:   AC98-11783
				   AR1998007860

	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. Wyman N. Bailey		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff 		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Arthur A. Omartian		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: The spouse of the deceased former service member (FSM) requests that she be provided with information concerning her late husband’s dishonorable discharge and that if an error exists, this Board take the necessary steps to correct his records.   

APPLICANT STATES: That she has a right as the FSM’s widow to know the circumstances which led to her husbands’ discharge.  

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 alternate sources.

The FSM enlisted in the Regular Army on 10 May 1949 and received basic training at Fort Knox, Kentucky.  In September 1949 he was transferred to Fort Lewis, Washington, for further training.  In August 1951 he was assigned to Camp Breckenridge, Kentucky, as a replacement.

The FSM received five convictions by court-martial for being absence without leave.

He was convicted by general court-martial on 2 October 1952 for violation of the Uniformed Code of Military Justice, Article 85 (desertion).  The charge stated the FSM, then as a member of the 101st Replacement Company, 101st Airborne Division, did on or about 21 December 1951, without proper authority and with the intent to remain away therefrom permanently, absent himself from his organization and did remain so absent in desertion until on or about 12 August 1952.   He pleaded guilty to the charge and was sentenced to be discharged from the service with a dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for six (6) months.  (The five previous convictions were considered in the sentencing).  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  Due to the unavailability of his service records, his character and efficiency ratings are unknown.  

2.  However, trail 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 characterized the misconduct for which the applicant was convicted.

3.  In the absence of evidence to the contrary, it appears that the applicant brought about his own downfall through his continued participation in acts of misconduct. 

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

__KLW___ ___TBM___  _AAO_  DENY APPLICATION

						Wyman N. Bailey
						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11783/AR1998007860	
SUFFIX		
RECON		
DATE BOARDED	19990414	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	105	
2.		
3.		
4.		
5.		
6.		

SFMR-RBR - 1st End    (14 Apr 99, Docket Number AC98-11783/AR1998007860)
SUBJECT:  ABCMR Memorandum of Consideration

HQDA, ABCMR, Arlington, Virginia  22202-4508                6 May 99
 
TO:  US Army Review Boards Agency Support Division - St. Louis 
	ATTN:  SFMR-RBR-SL, 9700 Page Avenue, St. Louis, Missouri  	63132-5200

1.  The application submitted by the individual concerned has been denied by the Army Board for Correction of Military Records.

2.  Prior to closing out the case, please refer to any Note contained in the Determination portion of the Board's Memorandum of Consideration, and take such administrative action as may be contained therein.

Encls						Loren G. Harrell  
						Director

CF:
(  ) OMPF
(  ) SFMR
(  ) BAILEY