MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            15 March 2000
	DOCKET NUMBER:    AR1999029113

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr.  Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Van B. Cunningham		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 dishonorable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That the stigma of having a dishonorable discharge has followed him long enough.  He also states that before he passes away he would like his discharge upgraded to honorable and that since his discharge he has been a law-abiding citizen.  He goes on to state that his last Certificate of Military Service is incorrect and that he did not reenlist on 11 June 1953.  He also states that he did go AWOL while on crutches and while at home he was apprehended by the military police.  He affirms that he was returned to Fort Bragg, North Carolina, put in a holding cell and later returned to the hospital due to his foot condition.  He contends he was later transferred to Walter Reed Hospital for about 6 months and was later discharged from the hospital at Fort Bragg, North Carolina.  He concludes by stating that he spent the rest of his tour in the hospital, was released in February 1955, issued a classification card on 23 February 1955 which verifies that he was discharged in February 1955.  In support of his application he submits a copy of VA Form 21-4138 (Statement in Support of Claim), three character references, two copies of NA Form 13038 (Certificate of Military Service) and a copy of his classification card.

EVIDENCE OF RECORD:  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 enlisted on 17 March 1953 and was honorably discharged on 11 June 1953 in order to reenlist.  He reenlisted on 12 June 1953.

He was convicted by a general court-martial on 23 August 1954 for being AWOL from 15 December 1953 to 25 July 1954 (approximately 222 days).  His sentence consisted of a forfeiture of all pay and allowances, confinement at hard labor for 2 years and a dishonorable discharge.  The sentence was adjudged and approved on 25 August 1954.

The applicant was confined in the Post Stockade, at Fort Bragg, North Carolina, 
pending completion of appellate review.

On 15 September 1954, the Army Court of Military Review affirmed the findings and sentence as provided by the convening authority.

On 25 August 1954, the applicant was discharged from the Army pursuant to the sentence of a general court-martial and was issued a Dishonorable Discharge Certificate.

The available records do not contain a DD Form 214 for the periods of service
from 17 March 1953 to 11 June 1953 and from 12 June 1953 to 25 August 1954.

The applicant provided copies of NA Form 13038, dated 11 May 1999, which 
show his service from 17 March 1953 to 11 June 1953 and from 12 June 1953 to 25 August 1954 which were issued by the National Personnel Records Center.

Army Regulation 615-364, in effect, at the time, set forth the basic authority for
the separation of enlisted personnel.  Paragraph 1(a) of the regulation provided, in pertinent part, that an enlisted person will be dishonorably discharged pursuant only to an approved sentence of a general court-martial imposing a dishonorable discharge.  

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.  The applicant’s records contain NA Forms 13038 (Certificate of Military Service) which show he served from 17 March 1953 to 11 June 1953 and from
12 June 1953 to 25 August 1954.

2.  The Board noted the applicant’s contentions that his Certificate of Military Service is incorrect, that he did not reenlist on 11 June 1953 and that he was discharged in February 1955; however, there is no evidence in the available records, and the applicant has provided no evidence to show that his Certificate of Military Service is in error or to show that he was officially discharged in February 1955.  Evidence of record shows that he reenlisted on 12 June 1953 instead of 11 June 1953.

3.  Trial by court-martial was warranted by the gravity of the offense charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the charge appropriately characterizes the misconduct for which the applicant was convicted.

4.  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.

5.  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:

RVO____  MKP____  VBC____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

Karl F Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029113	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000315x	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	19540825	
DISCHARGE AUTHORITY	AR  635-364	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 191		
2.		
3.		
4.		
5.		
6.