MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 December 1999
	DOCKET NUMBER:   AR1999025474

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		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 general discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that he was falsely accused, convicted by a court-martial, and confined.  He goes on to state that while in Germany he shared a room with two older men who drank and used drugs.  They would get him drunk and then sexually assault him.  This went on for some time and when he threatened to tell on them they accused him of stealing.  He further states that he was tried by court-martial and was too ashamed to talk about it at the      court-martial and was afraid of what they might do to him.  As a result, he developed a real drinking problem and began using drugs.  Later his father passed away and he was issued a hardship discharge.  He continues by stating that his life has been a mess ever since, that he is/was an alcoholic and drug addict, that he began sexually abusing others as he was abused, that he now has cancer, is currently incarcerated, and desires to get assistance from the VA when he is released.  

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri which destroyed millions of service records.  However, reconstructed documents show that the applicant enlisted on 29 February 1956 for a period of 3 years.  He completed his training as a general clerk and was transferred to Germany where he served for 1 month and 17 days.

Although the facts and circumstances are not present in the available records, the records contain a discharge order which reflects that the applicant was discharged by reason of a board action which directed that he be separated under honorable condition on 1 May 1957, under the provisions of Army Regulation 635-209, for unsuitability based on inadequate personality.  

The applicant was discharged under honorable conditions on 1 May 1957 under the provisions of Army Regulation 635-209 for unsuitability.  He had served 11 months and 16 days of total active service and had 78 days of lost time.  His report of separation (DD Form 214) indicates he was separated on temporary records and an affidavit from the applicant.

There is no indication in the available records to show that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-209, in effect at the time, serves as the authority for the separation of enlisted personnel for unsuitability.  It states, in pertinent part, that individuals will be separated by reason of unsuitability when it has been determined that they are unsuitable for further military service.  An honorable or general discharge is normally issued as warranted by the individual’s military record.
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 the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was administratively correct and in conformance with applicable regulations with no violations of any of his rights.

2.  Accordingly, it must also be presumed that the type of discharge directed and the reasons therefore were appropriate under the circumstances.

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

__hof ___  __dw____  __mw___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999025474	
SUFFIX		
RECON		
DATE BOARDED	1999/12/21	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1957/05/01	
DISCHARGE AUTHORITY	AR 635-209	
DISCHARGE REASON	unsuitability	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.