MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:           3 November 1999                  
	DOCKET NUMBER:   AR1999024157

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Stanley Kelley		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 (UD) be upgraded to honorable.

APPLICANT STATES:  In effect, that he made mistakes while serving his country and that at the time of his discharge he did not understand his rights.  He also states that he is not entitled to medical benefits/care through the Department of Veterans Affairs due to his undesirable discharge.

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

On 28 July 1954 the applicant enlisted in the Regular Army.

The specific facts concerning the applicant’s separation from the Army are not in the record, however, his NA Form 13038 (United States of America Certificate of Military Service) shows he was discharged from the Regular Army with an Undesirable Discharge.

The record also contains Special Orders Number 174, Headquarters Personnel Center, Fort Ord, California, indicating that the applicant was discharged based upon Report Proceedings of Board of Officers (13 July 1956) for Undesirable Habits and Traits (SPN 488) under the provisions of AR 635-208.

On 26 July 1956 the applicant was discharged from the Army after completing 1 year, 11 months, and 28 days of active military service.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15 year statute of limitations.

Army Regulation 635-208, in effect, at the time, provided in pertinent part the policies, procedures, and guidance for the prompt elimination of enlisted personnel who were determined to be unfit for further military service.  Individuals discharged under this regulation would normally be issued an undesirable discharge. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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.  In the absence of evidence to the contrary, The Board presumes administrative regularity in the conduct of the applicant’s discharge from service.
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

___fne__  __esc____  ___sk___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024157	
SUFFIX		
RECON		
DATE BOARDED	19991103	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19560726	
DISCHARGE AUTHORITY	AR 635-208  	
DISCHARGE REASON	7900	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.9217		
2.0100		
3.		
4.		
5.		
6.