MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 February 2001 
	DOCKET NUMBER:   AR2000049135

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman, Jr.		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 dishonorable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That he was unaware that he had a bad discharge and that he thought he was simply discharged under other than honorable conditions.

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

He enlisted in Detroit, Michigan on 4 January 1961 for a period of 3 years.  He successfully completed his basic training at Fort Leonard Wood, Missouri and was transferred to Fort Hood, Texas to undergo his advanced individual training (AIT).  He successfully completed his AIT and was transferred to Fort Meade, Maryland on 31 May 1961, for duty as a heavy weapons infantryman.

On 14 September 1961, while on authorized leave, the applicant while driving his father’s car along with three of his friends, all of whom were drinking, were involved in an automobile accident in which his three friends were killed.  The applicant was hospitalized for a concussion, lacerations and abrasions.  He was tried by civil authorities in Monroe, Michigan for negligent manslaughter and was acquitted. 

On 23 January 1963 he was convicted by a special court-martial of being absent without leave (AWOL) from 1 August 1962 to 3 December 1962.  He was sentenced to confinement at hard labor for 1 month, reduction to the pay grade of E-1 and a forfeiture of pay for 6 months.

He was convicted by a general court-martial on 12 June 1963 of being AWOL from 4 March to 7 March 1963, from 7 March to 8 March 1963, of escaping from lawful confinement from the stockade, of unlawful entry into a public building with intent to commit a criminal offense (altering a public record) and willfully and unlawfully destroying a public record.  He pled guilty and was sentenced to be dishonorably discharged, to be confined at hard labor for 6 months, and a forfeiture of pay for 6 months.

The Army Board of Review affirmed the findings and sentence of the general court-martial on 29 July 1963 and the applicant was informed of the decision and his rights in the matter on 1 August 1963.  He acknowledged by his signature that he had received a copy of the decision on the date he was counseled. 

On 21 August 1963 he was dishonorably discharged pursuant to a general   court-martial conviction.  He had served 1 year, 9 months and 10 days of total active service and had 308 days of lost time due to AWOL and confinement.

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.  Trial by court-martial was warranted by the gravity of the offenses charged.  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 type of discharge directed and the reasons therefore appear to be appropriate considering the available facts of the case.

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

___jhl___  ___gp ___  ___dh___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049135	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/08	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	1963/08/21	
DISCHARGE AUTHORITY	GCM	
DISCHARGE REASON	GCM/A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  675	144.6800/A68.00/DD	
2.		
3.		
4.		
5.		
6.