MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           29 September 1999                   
	DOCKET NUMBER:   AR1999023339

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Meta Waller		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 he was unjustly discharged due to racism in the military.  The military had been integrated for only a few years.  He found it hard to adjust to the Army because of the racism he was confronted with from most of the white southern non-commissioned officers and even from some of the black non-commissioned officers.  In addition, he injured his back and knee in 1956 when a truck overturned, but because his records were destroyed in 1972 he has not been able to receive medical treatment.  No supporting evidence is provided.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1972.  The only documents available are his discharge orders and a certification of military service.

He apparently enlisted in the Regular Army on 21 April 1955.  He was discharged on 6 June 1957 under the provisions of Army Regulation 635-208, with an undesirable discharge.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following:  frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts.

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.  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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  The applicant has provided no evidence to support his contention that he was the victim of racism.

3.  While empathetic with the applicant’s concerns about his lack of records, and his medical records in particular, the Board cannot produce something that no longer exists.  The applicant should apply to the Department of Veterans Affairs for assistance in possibly obtaining an exception to policy to allow treatment.  

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

__fne___  __tap___  __mw____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023339	
SUFFIX		
RECON		
DATE BOARDED	19990929	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19570606	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	A50.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.