MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 February 2001
	DOCKET NUMBER:   AR2000049310

	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. June Hajjar		Chairperson	
	Ms. Shirley L. Powell		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 general discharge be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that the type of discharge that he received is too harsh considering the nature of his offenses.

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 14 December 1945 he enlisted in the Army for 3 years.  He successfully completed his training as a heavy weapons crewman.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Enlisted Record and Report of Separation, WD AGO Form 53-58, indicates that the applicant was discharged on 3 January 1949, under the provisions of Army Regulation 615-360, at the expiration of his term of service (ETS).  He had completed 3 years of total active service and he had 21 days of lost time. He was issued a General Discharge Certificate.

A review of the available information fails to show 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 615-360, in effect at the time, served as the authority for the separation of enlisted personnel.  It states, in pertinent part, that individuals discharged due to ETS will be issued an honorable or general discharge as warranted by the individual’s military record.

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 an error or injustice existed in his record.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  There is no evidence available nor has the applicant submitted any evidence that shows that the type of discharge that he received was too harsh.  His WD AGO Form 53-55 shows that he had 21 days of lost time and in the absence of evidence to the contrary, it must be presumed that the appropriate authority determined that his service should not be characterized as fully honorable.

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

___hbo__  __slp____  ___jh___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049310	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/13	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19490103	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	455	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  260	123.0000	
2.		
3.		
4.		
5.		
6.