MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 March 1999
	DOCKET NUMBER:   AR1999017281

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Allen L. Raub		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 Bad Conduct Discharge (BCD) be upgraded to a General Discharge.

APPLICANT STATES:  That he had a good front line war record and has worked hard and paid taxes for 44 years after his discharge

EVIDENCE OF RECORD:  The applicant's military personnel records could not be located and are presumed to have been destroyed in the fire at the records repository in 1973.  All that was provided to the Board were court-martial records which were partially destroyed by the 1973 fire.

He entered on active duty on 12 May 1950 in an enlisted status.

He was convicted by a Special Court-Martial for being AWOL from 7 August to 28 September 1950; by a Summary Court-Martial for assaulting a person with a means likely to produce grievous bodily harm, to wit, a broken drinking glass; by a Special Court-Martial for being AWOL from 16 June to 1 July 1952.

He was convicted by a court-martial (either Special with BCD jurisdiction or a General Court-Martial – the records do not show which) for being drunk on duty, leaving post before being relieved, wrongful appropriation, and willfully discharging a firearm.  His sentence consisted of a reduction from pay grade E-2 to E-1, a forfeiture of all pay and allowances, 9 months confinement at hard labor, and a BCD.

He served his sentence and was given a BCD on 19 March 1954.

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

1.  The applicant’s record of repeated, consistent misconduct certainly warranted a less than honorable discharge in of itself, even without the misconduct for which he was discharged. 

2.  While the applicant’s war record and his post-service conduct may be admirable, it is not sufficiently mitigating to upgrade his discharge

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

_JEV____  __RWA__  _ALR___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017281	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990324	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	105.00	
2.		
3.		
4.		
5.		
6.