MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 February 2000
	DOCKET NUMBER:   AR1999025698

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Mr. Ernest W. Lutz Jr.		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, that his undesirable discharge be upgraded to honorable.

APPLICANT STATES:  That he was told that he had a bad discharge, and he knows that this is not correct.  He explains that his application is being done with the intention of receiving a VA certificate to buy a home under the GI Bill.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained  from reconstructed records:

He enlisted on 16 June 1954.

On 22 September 1954, the applicant was tried by summary court-martial and found guilty of two specifications of failure to report to his appointed place of duty, wrongfully altering an Individual Sick Slip, and a uniform violation.  He was sentenced to restriction to his company area for 40 days, and forfeiture of $50.00.

On 13 December 1955, he was tried by special court-martial and found guilty of AWOL from 20 September 1955 to 18 November 1955.  He was sentenced to confinement at hard labor for 6 months, and forfeiture of $57.00 per month for 
6 months.

On 2 February 1956, a board of officers convened to determine whether the applicant should be discharged from the service.  After careful consideration of the evidence before it, the board recommended the applicant be discharged from the service for unfitness and that he be issued an Undesirable Discharge Certificate.

The applicant was discharged on 9 February 1956 at Fort Leonard Wood, Missouri.  He had 1 year, 3 months and 2 days of creditable service and 
141 days of time lost.

Army Regulation 615-368, in effect at the time, provided the authority for discharging enlisted personnel for unfitness.  Separation action was to be taken when the commander determined that the best interest of the service would be served by eliminating the individual concerned and reasonable attempts to rehabilitate or develop the individual to be a satisfactory soldier were unlikely to succeed.  Unfitness included frequent incidents of a discreditable nature with military or civil authorities and an established pattern of shirking.  An undesirable discharge was normally considered appropriate.

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

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 the applicant’s complete discharge proceedings, the Board presumes administrative regularity in the processing of his discharge.  There is nothing in the available records or in anything submitted by the applicant to overcome that presumption.  It would appear that his administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.  The type of discharge directed and the reasons therefor were appropriate considering all the available facts of the case.

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.  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

_MKP___  __BJE___  ___EWL_  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025698	
SUFFIX		
RECON		
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19560209	
DISCHARGE AUTHORITY	AR615-368	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.