MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            1 July 1999
	DOCKET NUMBER:   AR1999026028

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Fred K. McCoy 		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 dishonorable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that he received two honorable discharges prior to his dishonorable discharge.  He also states that during that period he received notice that his spouse was in an accident and was admitted to the hospital.  He further states that he requested leave from the Red Cross to assist his spouse and was denied.  He goes on to state that he went home to assess the situation 
without approval from his unit.  While at home, he began to drink excessively and his drinking got him into trouble.  He concludes by stating that his drinking problem caused his discharge.  In support of his application he submits copies of his DD Form 256A (Honorable Discharge Certificates) and DD Forms 214 (with 
effective dates of 21 November 1956 and 7 November 1952).

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

The applicant’s military records were destroyed or lost during the National
Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 8 February 1951.  He continued to serve through a series of continuous reenlistments. 

The applicant received 4 court-martials (3 special and 1 summary), all for AWOL; however, they are unavailable for review.

He was convicted by a general court-martial on 23 August 1956 for being AWOL from 1 June 1956 to 14 July 1956 (44 days).  His sentence consisted of a 
forfeiture of all pay and allowances, confinement at hard labor for 1 year and a
a dishonorable discharge.  The sentence was adjudged on 23 August 1956.

On 7 September 1956, the convening authority approved only so much of the sentence as provides for a forfeiture of all pay and allowances, confinement at hard labor for 6 months and a bad conduct discharge.

The applicant was confined in the United States Disciplinary Barracks, Fort Leavenworth, Kansas, pending completion of appellate review.

On 26 September 1956, the Army Court of Military Review affirmed the findings and sentence as approved by the covening authority.

On 21 November 1956, the applicant was discharged from the Army pursuant to the sentence of a general court-martial and was issued a Bad Conduct Discharge Certificate.

Army Regulation 635-204, in effect, at the time, set forth the basic authority for 
the separation of enlisted personnel.  Paragraph 1(b) of the regulation provided, in pertinent part, that an enlisted person will be given a bad conduct discharge
pursuant only to an approved sentence of a general or special court-martial.
The appellate review must be completed and the affirmed sentence ordered duly executed.

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.  Trial by court-martial was warranted by the gravity of the offense charged.  Conviction and discharge were effected in accordance with applicable law and regulation.

2.  While the Board is empathetic, the applicant’s personal and alcohol problems
are not sufficiently mitigating to warrant an upgrade of his discharge.

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

JHL_____  FKM____  SK______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999026028	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990701	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19561121	
DISCHARGE AUTHORITY	AR  635-204	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 191		
2.		
3.		
4.		
5.		
6.