MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 June 2000                   
	DOCKET NUMBER:   AR2000037939

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz, Jr.		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 undesirable discharge be changed to a medical discharge.

APPLICANT STATES:  That he had been very sick.  He would have spells and wander off base.  One time he spent five days in the hospital unconscious and in a box of ice with a fever of 107 degrees.  The Fort Sill, OK hospital sent him home and told him they would send him a medical discharge which he never received.  For years, the Army ignored him until they said he was absent without leave (AWOL) and gave him an undesirable discharge.

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 several morning report extracts from October through December 1940, several sick reports, final pay record and a Certification of Military Service. 

The applicant was inducted into the Army on 23 September 1940.

The available morning report entries show the applicant’s duty status as hospital to duty or duty to hospital on several occasions.  The available sick reports show his status as sick to duty, sick to hospital, or hospital to duty on several occasions.  All sick entries were determined to be in line of duty.  No description of the sickness is provided.

The applicant’s final pay record shows that he was AWOL from 15 February 1941 to 1 September 1948 for 2,755 days lost and that he was discharged on      1 September 1948 under the provisions of section IV, Army Regulation 615-366, Conviction by Civil Court.

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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  The applicant has provided no evidence to show that the hospital sent him home to await a medical discharge or any other evidence to show what his medical condition/treatment was at the time.  The Board cannot determine, almost 60 years later, what his medical condition was prior to his being reported AWOL.  
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

__vbc___  __jea___  __ewl___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037939	
SUFFIX		
RECON		
DATE BOARDED	20000620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.