MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           24 August 2000
	DOCKET NUMBER:   AR2000037060

	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	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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 bad conduct discharge (BCD) be upgraded to an honorable discharge (HD).

APPLICANT STATES:  In essence, he asks the Board to rely on a review of his military records for an upgrade of his discharge.  He submits a copy of his Bad Conduct Discharge Certificate (BCD) (DD Form 259A) dated 1 March 1955, a personal letter of his military service, a copy of his DD Form 214 (Report of Separation from The Armed Forces of The United States) and two letters of reference attesting to his good character.

EVIDENCE OF RECORD:  The applicant's military records appear to have been lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources.

The records available show that he enlisted for 3 years active duty on 
9 September 1953. 

The applicant’s DD Form 214 indicates in item 38 (Remarks) that he was awarded military occupational specialty (MOS 1745 (Light Weapons Infantryman).

Facts and circumstances concerning his court-martial and discharge are limited.  He relates to the Board that his family had serious problems due to the unfortunate death of one of his brothers.  He also was having difficulty with airborne training.  He went absent without leave (AWOL) for an unspecified period of time.  He was arrested by military police near his home and was returned to military control at Fort Sheridan, Illinois.

On an unknown date, the applicant was tried and convicted by a general court-martial presumably for being AWOL.  His sentence included confinement at hard labor and a BCD.

On 1 March 1955, he was discharged from Fort Leavenworth, Kansas with a BCD as a result of trial by court-martial.  He had 1 year and 16 days of creditable service and 156 days of lost time.

The Military Justice Act of 1983 (Public Law 98-209) provides, in pertinent part, that military correction boards may not disturb the finality of a conviction by court-martial.

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 this requirement.

2.  Trial by court-martial appears to have been warranted due to his self-admitted period of AWOL.

3.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army’s standards for acceptable conduct and performance of duty by military personnel.

4.  Conviction and discharge appear to have been effected in accordance with applicable law and regulations.  The Board must presume regularity in the discharge process.

5.  The Board determined that the applicant had many legitimate avenues through which to obtain assistance in resolving his personal and family problems without committing the misconduct which led to the court-martial.

6.  The Board noted the applicant’s character reference and other documents submitted wit his application outlining his successful accomplishments since separation from active duty.  The applicant is to be commended for is efforts.  However, these accomplishments do not provide the Board the bases upon which to grant clemency.

7. 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

__gdp___  __clg____  __alr  ____DENY APPLICATION

Carl W. S. ChunDirector, Army Boards for Correctionof military Records

INDEX

CASE ID	AR2000037060	
SUFFIX		
RECON		
DATE BOARDED	20000824	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1975-12-15	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.00	
2.	A01.13	
3.	A92.23	
4.	A92.35	
5.		
6.