MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  1 March 2001
	DOCKET NUMBER:  AR2000049434

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		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 records be corrected to show that he received a general discharge.

APPLICANT STATES: That, while he was in the stockade for AWOL (absent without leave), he received a letter that his wife was running around.  Further, he thought the discharge was too harsh; all he did was walk off from a work detail, but came back the next day. 

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 the record of his trial by court-martial and from reconstructed personnel records.

On 1 February 1954, the applicant enlisted in the Army for 3 years.  He completed his required training at Fort Ord, California and was subsequently transferred to Fort Bragg, North Carolina.

On 16 June 1954, he was convicted by a Summary Court-Martial for his failure to go to his place of duty on 5 June 1954.  His sentence was a forfeiture of $54 pay.

On 22 December 1954, he was convicted by Special Court-Martial (SPCM) for being AWOL for the period 13 September to 22 November 1954.  His sentence included confinement at hard labor (CHL) and a forfeiture of $50 pay per month for 6 months.

On 10 August 1955, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being AWOL on 9 August 1955.  His punishment was extra duty for 7 days.

On 21 November 1955, he was convicted by a SPCM for being AWOL from      11 September to 15 October 1955.  His sentence included CHL and a forfeiture of $28 pay per month for 6 months.

On 19 January 1956, he was convicted by a General Court-Martial (GCM) for escaping from confinement, housebreaking and larceny.  His sentence included a bad conduct discharge (BCD), CHL for 1 year and total forfeiture (TF) of pay.  During the proceedings, it was brought out that the applicant had received a letter from his mother, which alluded to his wife running around.  A pretrial agreement had been made that his sentence would not exceed a dishonorable discharge, TF and CHL for 1 year.

On 4 February 1956, the sentence was approved.

On 27 February 1956, the Army Board of Review affirmed the findings and the sentence.

On 30 April 1956, the General Court-Martial Approving Authority ordered the sentence executed.

On 10 July 1956, his request for restoration to active duty, release to parole and clemency were disapproved.

On 15 January 1957, he was discharged with a BCD, in pay grade E-1.

In the absence of evidence to the contrary, a presumption of regularity applies that the records of the individual concerned are correct.

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 shows the allegation that his wife was running around was presented at the time of his conviction by a GCM.

2.  The applicant’s claim that his discharge was too harsh since all he did was to walk away from a work detail and return the next day is weak, at best, and not adequate mitigation in support of his request.

3.  In the absence of evidence to the contrary, a presumption of regularity applies that the records of the individual concerned are correct.

4.  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.

5.  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

__jk___  ___cg___  ___rd_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000049434	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010301	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110	BCD upgrade	
2.		
3.		
4.		
5.		
6.