MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 July 2000
	DOCKET NUMBER:   AR2000035219

	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. Carl W. S. Chun		Director	
	Mr. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner 		Chairperson	
	Mr. John Saputo 		Member	
	Mr. Roger Able 		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.

APPLICANT STATES:  That he deserved to be punished for his errors in judgement.  He has suffered a long time with the disease of alcoholism, but has grown to see the errors of his youth and has become a productive member of his community.  He wishes to put his past errors behind him and be able once again to say proudly that he served his country.  The applicant indicates that he submits copies of statements of character to support his request, but there were no statements with his application when received by the Board.

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:

He enlisted on 8 November 1954 and, after training, was assigned to Hawaii.

The record of trial from the Office of The Staff Judge Advocate shows that the applicant was tried and convicted by a special court-martial on 29 April 1957 for attempting to appropriate an automobile and possessing a false pass; and by a summary court-martial on 11 May 1957 for possession of a false pass.  

On 28 May 1957, the applicant was tried by a general court-martial and found guilty of two specifications of assault and battery, three specifications of communicating a threat, striking a noncommissioned officer (NCO), and two specifications of being disrespectful in language toward an NCO.  He was sentenced to confinement at hard labor for 3 years and 6 months, forfeiture of all pay and allowances, and a dishonorable discharge.  The approved sentence was affirmed upon review, except the confinement at hard labor was reduced to 
1 year.

The dishonorable discharge was executed on 13 December 1957.  The applicant had 2 years, 6 months and 3 days of creditable service.

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 offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

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 this 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

__rjw____  __js____  __ra_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000035219	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	19571213	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.