MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE: 	   15 February 2001
	DOCKET NUMBER:   AR2000047165

	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	
	Mr. Michael L. Engle.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Melvin H. Meyer		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 dishonorable discharge be upgraded to honorable.

APPLICANT STATES:  That he has been in a remorseful state of mind for almost 50 years.  He contends that he loves his country very much and that he was very young at the time.  Now he is a tired, old man who wants to die happy without this burden.

EVIDENCE OF RECORD:  With the exception of the applicant's Department of the Army Form 20 (Soldier’s Qualification Card), his military records were not available to the Board, indicating that they may have been lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the record of trial (ROT) by court-martial.

He enlisted in the Army on 21 October 1949 for 3 years.  He successfully completed his initial training and reported for duty to company C, 6214 Area Service Unit (Pipeline), Camp Stoneman, California, on 7 March 1950.

The morning reports for the applicant’s unit show that he was absent without leave (AWOL) as of 14 March 1950 and dropped from the rolls (DFR) on 14 June 1950.  

The ROT indicates an oral stipulation that the applicant was returned to military control on 13 December 1950.  Unit morning reports further show that he was AWOL from 16 January 1951 until his return to military control on 20 April 1952.

On 12 May 1952 the applicant was charged with violation of the 58th Article of War, for peacetime desertion.

Before a general court-martial (GCM) on 22 May 1952, the applicant pled not guilty to violation of the 58th Article of War, desertion, but did plead guilty to violation of the 61st Article of War, absence without leave.  During the course of the trial the applicant remained silent.

The applicant was found guilty as charged.  He was sentenced to be dishonorably discharged from the service, to forfeit all pay and allowances and to be confined at hard labor for 3 years.

On 2 June 1952 the convening authority approved only so much of the sentence as provided for dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for one and one half years.

In accordance with GCM Order Number 986, dated 2 September 1952, the sentence was affirmed pursuant to the Uniform Code of Military Justice,      Article 66.  It directed execution of the sentence with forfeitures applying to all pay and allowances becoming due after the date of this order.

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 applicant’s trial by GCM was warranted by the gravity of the offenses charged.  His conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

2.  The applicant has not provided any evidence to warrant upgrading his discharge.  Remorse and good post service deeds are not sufficient justification for granting his request.

3.  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

__FNE__  __MKP__  __MHM___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047165	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010215	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A63.00	
2.		
3.		
4.		
5.		
6.