MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 February 2001                   
	DOCKET NUMBER:   AR2000040077

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Roger W. 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:  In effect, that his undesirable discharge be upgraded to a general or honorable discharge.

APPLICANT STATES:  In effect, that the trouble he got into was minor.  He is the recipient of the Purple Heart and the Bronze Star Medals.  He feels that he has paid his dues and that the punishment has been going on for the past 50 years.  He now needs medical care and he needs his discharge upgraded in order to receive benefits.

EVIDENCE OF RECORD:  The applicant's military records show:

On 13 December 1949, with parental consent the applicant enlisted in the Army for 3 years.  He completed the required training and was awarded military occupational specialty 4745 (Light Weapons Infantryman).

In May 1950, the applicant departed for assignment in Korea he served with Company A, 27th Infantry, 25th Infantry Division.  On 2 September 1950, the applicant was wounded by enemy fire while engaged in combat.  General Order #122, dated 11 September 1950, awarded the applicant the Purple Heart
for his injuries.  

The applicant was reported absent without leave (AWOL) from 28 to 31 August 1950.  However, the particulars pertaining to the AWOL are missing from his record.

On 24 September 1950, the applicant was admitted to Walter Reed Army Medical Center, Washington, DC for further treatment.  On 4 November 
1950, the applicant was granted 30 days of convalescent leave.  After the 
30 days of leave the applicant was directed to report to Fort Lawton, Washington.

On 4 January 1951, the applicant was reported AWOL.  While in an AWOL status the applicant was involved in a car accident and was retained by civil authorities in Cedar Rapids, Iowa.

On 11 January 1951, he was returned to military control.  After returning to military control he was directed to report to Fort Lawton, Washington.

The record indicates that he did not report to Fort Lawton, Washington as directed.  On 21 January 1951, he was arrested by civil authorities at Frankfort, Kentucky for public drunkenness.  In an attempt to escape from civil confinement he incurred injuries to himself.  The applicant was treated for his injuries and on an unknown date in March 1951, he was returned to military control.

On 21 May 1951, the applicant was convicted by a summary court martial (SCM) of two specifications of being absent without leave from 4 to 11 January 1951 and from 23 April to 17 May 1951.  He was sentenced to 15 days restriction, reduced to the lowest enlisted pay grade and a forfeiture of $26.00 pay.

On 22 August 1951, the applicant was convicted by a SCM of being AWOL from 21 June to 12 July 1951.  He was sentenced to 20 days confinement at hard labor (CHL) and a forfeiture of $26.00 pay.

On 30 November 1951, while at Fort Benning Georgia the applicant was convicted of a SCM of being AWOL from 21 to 26 November 1951.  He was sentenced to 10 days restriction and a forfeiture of $25.00 pay.

Between 1 to 3 February 1952, the applicant was reported AWOL however, the particulars surrounding the AWOL are missing from his record.

On 24 June 1952, the applicant was convicted by a special court martial of being AWOL from 7 February to 20 March 1952.  He was sentenced to CHL for 
4 months and a forfeiture of $50.00 pay per month for 4 months.

On 5 September 1952, in the United States Court of Fairmont, West Virginia the applicant while in AWOL status entered a plea of guilty to transporting a stolen automobile from Monongahela, Pennsylvania to Fairmont, West Virginia.  He was placed on probation for a period of three years.  

On 6 November 1952, the unit commander requested that the applicant be discharged from the service by reason of conviction by a civilian court.  The separation authority approved the recommendation and directed discharge under the provisions of AR 615-366, section IV, for conviction by civil court with an undesirable discharge.  The applicant was discharged on 20 November 
1952 with 1 year, 9 months and 29 days this period of service and 406 days of 
lost time.

Army Regulation 615-366, in effect at that time sets forth the basic authority for the separation of enlisted personnel for misconduct (fraudulent entry, absent without leave, desertion, and conviction by civil court).  That regulation provided, in pertinent part, for the elimination of enlisted personnel for misconduct when they were initially convicted by civil authorities, for action taken against them when is tantamount to a finding of guilty, of an offense for which the maximum penalty under the Uniform Code of Military Justice is death or confinement in excess of 1 year.  An undesirable discharge was normally given for such discharges.

On 18 November 1957, the Army Discharge Review Board denied the applicant’s request for an upgrade.

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.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant’s overall record of military service.

3.  Therefore, the type of discharge directed and the reasons were appropriate considering all the facts of the case.

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

__jns___  __mhm___  __rwa___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040077	
SUFFIX		
RECON		
DATE BOARDED	20010227	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19521120	
DISCHARGE AUTHORITY	AR615-366, Section IV	
DISCHARGE REASON	A61.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.6100	
2.		
3.		
4.		
5.		
6.