MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 April 2000                   
	DOCKET NUMBER:   AR2000036012

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Curtis L. Greenway		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 general discharge under honorable conditions be upgraded to fully honorable.

APPLICANT STATES:  That he felt his service to the Army was completely honorable.  He was discharged from the U. S. Air Force as an Airman First Class, and when he enlisted in the Army the recruiter promised him he would be given the rank of Corporal.  With this promise and the plan of becoming a paratrooper, for the additional pay, he re-enlisted.  However, he injured himself in a jump and was reassigned to an engineer battalion.  He then spoke to his commander about the recruiter’s promise, but his commander refused to promote him.  He was given the job of operating heavy equipment but his past injuries began to take their toll.  He went to the hospital but was told he was simply trying to avoid duty.  He finally talked to the post psychiatrist who later helped him get his discharge.  He thought his discharge would be totally honorable but by that time he wanted the ordeal to end and he accepted the general discharge.  The VA later evaluated his condition as 60 percent disabling and service related so he was telling the truth to the Army doctors.  He hopes the Board will find a way to relieve the pain which he has borne all these years.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from alternate sources.

The applicant was born on 27 June 1934.  He initially enlisted in the Army on     27 June 1949 and was honorably discharged on 19 October 1950 for minority.  He enlisted in the U. S. Air Force on 10 July 1951 and was honorably discharged on 13 July 1955 in the rank of Airman First Class.  

The applicant enlisted in the Regular Army on 5 November 1956 in the rank of Private, E-2.  On 17 May 1957, he was discharged under the provisions of paragraph 3a, Army Regulation 635-209, separation program designator 469 (unsuitability, general), with a general discharge under honorable conditions.  He had served 6 months and 12 days on that enlistment and a total of 5 years, 10 months and 9 days of creditable active service with no lost time.

Army Regulation 635-209 set forth the basic authority for the separation of enlisted personnel for unsuitability.  Paragraph 3a in effect at the time provided, in pertinent part, that a member would be discharged for unsuitability for any of the following reasons:  lack of physical stamina; a character or behavior disorder; apathy, defective attitude or inability to expend effort constructively; or nonpersistent but temporarily disruptive reactions to acute or special stress.  A General Discharge Certificate would be furnished.

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.  Unfortunately, in the absence of evidence to the contrary the Board must presume that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  Such evidence would include the post psychiatrist’s evaluation and diagnosis and/or VA documentation (preferably from close to the 1957 timeframe) that discusses his psychiatric problem and the VA’s determination of when and how it started.  

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

__sk____  __kak___  __clg___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR2000036012	
SUFFIX		
RECON		
DATE BOARDED	20000426	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19570517	
DISCHARGE AUTHORITY	AR 635-209 	
DISCHARGE REASON	A40.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.