MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 March 2001                  
	DOCKET NUMBER:   AR2000044105

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley 		Chairperson	
	Mr. Ernest W. Lutz 		Member	
	Mr. Harry B. Oberg 		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 (UD) be upgraded to a general, under honorable conditions discharge.

APPLICANT STATES:  In effect, that he has medical disabilities that developed during his time in service and that, as a result of these disabilities, he wants an upgrade of his discharge.  He further states that it is an injustice to suffer the consequences of a bad discharge for this length of time.

COUNSEL CONTENDS:  The applicant’s records were reviewed by counsel; however, counsel provided no additional information in support of the applicant’s contentions.

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.

On 11 September 1950, the applicant joined the Army National Guard and on 19 December 1951 was honorably discharged from the National Guard at Fort Custer, Michigan.  During his tour in the National Guard, the applicant was hospitalized and treated for Psychoneurotic Disorders on at least two occasions. 

On 13 February 1952, the applicant joined the Regular Army for 3 years.  On an unknown date, the applicant was assigned to Korea, where he served with the Military Police Corps.  While serving in Korea, the applicant was hospitalized or treated in quarters for Psychoneurotic Disorders with passive-aggressive tendencies during the months of September, October, and November 1952.  It was determined that this condition existed prior to entry on active military service and was not incurred during active military service.

Although there is no evidence to show the specific facts as to how the applicant transferred from Korea to the United States Disciplinary Barracks at Camp Cooke, Lompoc-Tangair, California, the evidence of record tends to indicate the applicant was found guilty by a General Court-martial and sentenced to confinement and a dishonorable discharge, which was suspended. 

On 24 June 1953, while in confinement, the applicant was separated with a UD under the provisions of paragraph 3b (3), Army Regulation 15-130.  He was credited with 7 months and 24 days of active military service and 262 days of lost time.

Army Regulation 15-130 prescribes Army and Air Force policy, criteria, and administrative instructions concerning the authority, composition, functions, objectives, policies, and procedures for the operation of the Army and Air Force Clemency and Parole Board.  Paragraph 3b (3) states that in the event a prisoner is not eligible for restoration to duty for service because of some mental or physical disability, and his civil and military record is such that but for such disability it appears reasonably certain that he would have been returned to duty with an opportunity to earn an honorable discharge, provisions may be made in unusual cases, where clearly equitable, to substitute an administrative form of discharge for a punitive discharge or dismissal executed in accordance with sentence of 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.  The evidence of record does not support the applicant’s contention that he is suffering from a disability that was incurred while he was in the service.  Neither did the applicant provide any independent corroborating evidence in support of his contention.  Although the applicant’s condition manifested while he was in the military, the evidence of record indicates it was a condition that existed prior to his entry into the military.

2.  In the absence of information to the contrary, the Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  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.

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____  __ewl____  __hbo __  DENY APPLICATION

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

INDEX

CASE ID	AR2000044105	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010306	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19530624	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.