MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            8 September 1999
	DOCKET NUMBER:   AR1999017771

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Karen L. Wolff		Member	
	Mr. Orville W. Troesch, Jr.		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:  In effect, that his undesirable discharge (UD) be upgraded. 

APPLICANT STATES:  In effect, that the reasons for his undesirable discharge were never given to him; that he was never given a chance to appeal the discharge; that the discharge was an injustice and resulted in his being denied VA benefits.

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

There are very limited available records on the applicant.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s official records may have been lost in that fire.  However, the record does contain a National Archives (NA) Form 13038 (Certification of Military Service), issued by the National Personnel Records Center, St. Louis, Missouri, dated 20 February 1991.  This form certifies that the applicant entered the Army on 8 July 1948 and was separated with a UD on 5 April 1950.

The evidence of record does include copies of morning report entries which document that the applicant was convicted of some unknown offense(s) by a special court-martial (SPCM) panel as promulgated in SPCM order number 8, issued by the 511th Airborne Infantry Company, Fort Campbell, Kentucky, dated 11 January 1950. 

On 4 February 1950 a morning report entry changed the applicant’s duty status from present for duty to confinement effective 19 January 1950.  The entry shows a SPCM conviction resulted in the applicant being sentenced to six months of confinement at hard labor; a reduction in rank to recruit private/E-1; and a forfeiture of $53.00 per month for six months.  On 5 April 1950, the date the applicant was discharged, a morning report entry verifies that his sentence was remitted.

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.  There are no available records on file pertaining to the applicant's discharge from the Army.  The Board believes that the applicant’s records could have been one of the approximately 18 million service members’ records that were destroyed at the National Personnel Records Center in 1973.  This made a decision in this case very difficult and forced the Board to rely on a presumption that what the Army did in the applicant’s case was correct.  The burden of proving otherwise is the applicant’s responsibility which he failed to do in this case.

2.  The evidence of record does include a NA Form 13038, Certification of Military Service, issued by the National Personnel Records Center, St. Louis, Missouri on 22 August 1991.  This form documents the period of the applicant’s service and the characterization of his service.  There is nothing in the available records or in any independent evidence submitted by the applicant to show that the discharge process was improper or inequitable in any way.  Therefore, the Board had to presume government regularity in the discharge process.

3.  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.

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 ___  ___fkm__  __owt ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017771	
SUFFIX		
RECON		
DATE BOARDED	1999/09/08	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1950/04/05	
DISCHARGE AUTHORITY	Unknown	
DISCHARGE REASON	Unknown 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.00	
2.  807	A92.17	
3.		
4.		
5.		
6.