MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            12 January 2000
	DOCKET NUMBER:   AR1999028284

	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.

	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Luther L. Santiful		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 be upgraded to an honorable discharge.

APPLICANT STATES:  That he was framed for taking a uniform which had been placed in his locker.  He further states that his unjust legal treatment caused him to accept the type of discharge that he received.

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 personnel records.

On 28 June 1956, he enlisted in the Army for 3 years and he successfully completed his training as a light weapons infantryman.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 21 April 1958, under the provisions of Army Regulation 635-208, for undesirable habits and traits of character.  His DD Form 214 further shows that he had completed 1 year, 8 months and 25 days of total active service and he had a total of 30 days lost time.  He was issued an Undesirable Discharge Certificate. 

There is no evidence that the applicant ever applied to the Army Discharge Review Board for an upgrade if his discharge within that board’s 15-year statute of limitations.  

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel having undesirable habits and traits of character.  Section II of the regulation provided, in pertinent part, for the separation of enlisted personnel for unfitness based upon frequent incidents of a discreditable nature with civil or military authorities.  An undesirable discharge was normally considered appropriate.

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.  He has submitted neither probative evidence nor a convincing argument in support of his request.

3.  There is no evidence in the available records to support the applicant’s contention that he was framed or that the type of discharge he received was unjust.  The records clearly show that he was discharged for undesirable habits and traits of character and he had 30 days of lost time.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___js____  ___inw __  ___ls ___  DENY APPLICATION

						Karl F. Schneider
				      Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028284	
SUFFIX		
RECON		
DATE BOARDED	2000/01/12	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1958/04/21	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	731	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  715	144.7200/A72.00	
2.		
3.		
4.		
5.		
6.