MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           8 April 1999                  
	DOCKET NUMBER:   AR1999021733

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Barbara J. Ellis		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, reconsideration of his previous application to upgrade his dishonorable discharge to general.

APPLICANT STATES:  In effect, that he got lost in Germany and tried to explain why to his chain of command but was denied.  He also states that he was not given credit for his lost time and instead was sent to jail.

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

There is no Memorandum of Consideration to reflect the Board’s 17 July 1968,
(date of his case); therefore, the case is considered De Novo.

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 16 April 1943.

Evidence of record shows that he was convicted by one summary court-martial and two special courts-martial for instances of threatening a noncommissioned officer, breaking arrest and AWOL (78 days).

He was convicted by a general court-martial on 1 December 1945 for being AWOL from 11 June 1945 to 16 August 1945 (67 days) and from 16 August 1945 to 29 September 1945 (45 days).  He was sentenced to confinement at hard labor for 2 years, a forfeiture of all pay and allowances and a dishonorable discharge.  The sentence was adjudged and approved on 1 December 1945.

On 8 January 1946, the applicant was discharged from the Army pursuant to the sentence of a general court-martial and was issued a Dishonorable Discharge Certificate.

Army Regulation 615-364, in effect, at the time, set forth the basic authority for
the separation of enlisted personnel.  Paragraph 1(a) of the regulation provided, in pertinent part, that an enlisted person will be dishonorably discharged pursuant only to an approved sentence of a general court-martial imposing a dishonorable discharge.

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.  Trial by court-martial was warranted by the gravity of the offense charged.  Conviction and discharge were effected in accordance with applicable law and regulation.

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.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

GDP____  JLP_____  BJE_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021733	
SUFFIX		
RECON	19680717	
DATE BOARDED	19990331	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	19460108	
DISCHARGE AUTHORITY	AR 615-364.  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.