MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 September 1999                   
	DOCKET NUMBER:   AR1999023490

	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. Ernest M. Willcher		Chairperson	
	Mr. Melvin H. Meyer		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:  That his discharge be upgraded to honorable or general.

APPLICANT STATES:  That the only thing he was charged with was insubordination, which today would not warrant a dishonorable discharge.

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

He was inducted into the Army about April 1943.  He reenlisted on 21 December 1945.  

In March 1947, the applicant was convicted by a special court-martial of carrying a concealed weapon.  

On an unknown date, the applicant was convicted by a special court-martial of being absent without leave (AWOL) for an unspecified duration and apparently was sentenced to some period of confinement.  (Payroll records show he had been AWOL from 2 – 3, 4 – 6, 11 – 12, and 13 – 20 November 1947.)

On 16 December 1947, the applicant was convicted by a general court-martial of lifting up a dangerous weapon (while a prisoner), to wit, an M-1 rifle, against his superior officer who was then in the execution of his office.  His approved sentence was to be confined at hard labor for two years, to forfeit all pay and allowances, and to be dishonorably discharged. 

The applicant’s report of separation is not available.

Title 10, U. S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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.

2.  The Board notes that the applicant was a prisoner when he committed the offense for which he received his dishonorable discharge.  Trial 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 characterizes the misconduct for which the applicant was convicted.
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

__emw___  __mhm___  __bje___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023490	
SUFFIX		
RECON		
DATE BOARDED	19990923	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.