MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 December 2000
	DOCKET NUMBER:   AR2000044517

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Gail J. Wire		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 an honorable or a general discharge.

APPLICANT STATES:  That he never did anything to harm the military and that he has a great respect for the armed forces.  He also states that he has a stepson that served in the Army and a son that served in the Marine Corps.  

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

On 24 November 1953, he enlisted in the Army for 3 years in the pay grade of 
E-1.  He was transferred to Fort Jackson, South Carolina.

On 23 February 54, the applicant was arrested by the sheriff of Quitman County, Mississippi.  On 22 March 1954, he was sentenced to 18 months of confinement on the charge of violation of the National Motor Vehicle Theft Act.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Separation or Discharge, DD Form 214, indicates that the applicant was discharged on 2 July 1954, under the provisions of Army Regulation 615-366 for misconduct, conviction by civil court.  He had completed only 2 months and 29 days of total active service and he had 130 days of lost time due to confinement.  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 615-366, in effect at the time, served as the authority for the separation of personnel convicted by civil authorities.  It states, in pertinent part, that individuals convicted by a civil court of offenses punishable by imprisonment for a term of 1 year or more would be separated from the service with an undesirable discharge.

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 evidence of record clearly shows that he was arrested and confined by civil authorities for car theft.  He had 130 days of lost time due to confinement and he was furnished an Undesirable Discharge Certificate.

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

___ewl __  ___kak__  ___gw___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044517	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/12/21	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1954/07/02	
DISCHARGE AUTHORITY	AR 615-366	
DISCHARGE REASON	626	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  627	144.6100	
2.		
3.		
4.		
5.		
6.