MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            10 August 2000 
	DOCKET NUMBER:   AR2000041583

	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. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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 general discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That he resigned for personal reasons.  He states that his wife was deathly ill at the time and he requested a compassionate transfer back to the states.

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 called from inactive duty as a second lieutenant effective 8 July 1952.

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 21 July 1954, under honorable conditions, under the provisions of Army Regulation 605-275 and Army Regulation 605-200.  He was issued a General Discharge Certificate.

Army Regulation 605-275, in effect at that time, set forth the basic authority for the resignation of officers.  It states, in pertinent part, that an officer who has been selected or recommended for elimination or removal from the active list under any provision of law may tender his resignation at any time prior to final action on the proceedings.  The regulation further states that when the proceedings are based on factors for which the officer has control, such as repeated instances of misconduct of a minor nature, a General Discharge Certificate will normally be furnished.

Army Regulation 605-200, then in effect, outlines the procedures to effect the elimination, demotion or relief from active duty of officers and warrant officers, who are unsuitable or lacking in moral standards.

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 applicant’s contentions have been noted by the Board.  However, the available evidence of record clearly shows that the applicant tendered his resignation.  Army Regulation 605-275, in effect at that time, states that if the proceedings are based on factors for which the officer has control, a General Discharge Certificate will normally be furnished.  There is no evidence in the available record that shows that the type of discharge he received was in error or unjust.

3.  Therefore, 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

___mdm_  ___js ___  ___kah __  DENY APPLICATION

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

INDEX

CASE ID	AR2000041583	
SUFFIX		
RECON		
DATE BOARDED	2000/08/10	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1954/07/21	
DISCHARGE AUTHORITY	AR 605-275 & AR 605-200	
DISCHARGE REASON	732	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  739	144.8100	
2.  		
3.		
4.		
5.		
6.