MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 May 2000
	DOCKET NUMBER:   AR2000039138

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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 undesirable discharge be upgraded to a general discharge.

APPLICANT STATES:  The type of discharge that he received was improper because his past military service was not taken into consideration.  He states that he was a model soldier during his first and second enlistment until 9 days before he was scheduled to be discharged.  He further states that he had an alcohol problem and he was never provided a chance to be counseled or rehabilitated.  He states that he was literally thrown out of the Army without any type of legal assistance.  He concludes by stating that he should not be robbed of his civilian benefits because of a few days of wrong doing and he asks that this Board upgrade his discharge.

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 alternate sources.

He was inducted in the Army on 7 October 1944 and he successfully completed his training as a rifleman.  He was honorably discharged for the convenience of the government on 28 January 1946.  He had completed 1 year, 3 months and 22 days of total active.  He reenlisted in the Army on 29 January 1946.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Separation (DD Form 214) indicates that the applicant was discharged on 20 January 1947, under the provisions of Army Regulation 
615-368 for unfitness - habits and traits of character rendering retention in the service undesirable.  He had completed approximately 2 years, 3 months and 14 days of total active service and he had 21 days of lost time due to AWOL.  He was furnished an Undesirable Discharge Certificate.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness.  That regulation provided for the discharge of individuals who had demonstrated their unfitness by giving evidence of undesirable habits and traits of character manifested by misconduct.

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.  His contentions have been noted by the Board.  However, there is no evidence in the available record nor has the applicant submitted any evidence to substantiate his contention that he was unjustly discharged without the benefit of consulting with counsel.

3.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

4.  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 ___  ___jev __  ___jpi___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039138	
SUFFIX		
RECON		
DATE BOARDED	2000/05/31	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1947/01/20	
DISCHARGE AUTHORITY	AR 615-368	
DISCHARGE REASON	730	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  731	144.7900/A79.00/undesirable habits or traits	
2.		
3.		
4.		
5.		
6.