MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            20 January 2000
	DOCKET NUMBER:   AR1999028404

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Gary F. Geraets		Member	
	Ms. Barbara J. Ellis		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:  That he was separated because of alcohol related incidents and he was the only one separated with no treatment or counseling offered.

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, records obtained from alternate sources show that he enlisted in El Paso, Texas on 13 September 1950 for a period of 3 years. 

 He served in Korea for 1 year, 1 month and 20 days and was awarded the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the National Defense Service Medal.

The facts and circumstances surrounding his administrative discharge are not present in the available records.  However, his report of separation (DD Form 214) show that he was discharged on 22 January 1954 under the provisions of Army Regulation 615-369 for unsuitability.  He had served 2 years, 10 months, and 1 day of total active service and had 193 days of lost time.

Army Regulation 615-369, in effect at the time, provided guidance for the separation of enlisted personnel for unsuitability based on a demonstrated lack of adaptability for military service and required action by a board of officers.  The individual could receive an honorable or general discharge when discharge was recommended under this regulation.

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 discharge was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefor were appropriate given the extensive amount of lost time he had during a relatively short amount of service.

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

___be___  __rgh ___  __gg____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028404	
SUFFIX		
RECON		
DATE BOARDED	2000/01/20	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1954/01/22	
DISCHARGE AUTHORITY	AR 615-369	
DISCHARGE REASON	547/UNSUIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  547 	144.4000/A40.00	
2.		
3.		
4.		
5.		
6.