MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 March 2001
	DOCKET NUMBER:   AR2000049561

	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. June Hajjar		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. John T. Meixell		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 the undesirable discharge issued to her deceased husband, a former service member (FSM), be upgraded to honorable. 

APPLICANT STATES:  The applicant provides no argument in her application to support her request for an upgrade of the FSM’s discharge.

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

He enlisted in Fargo, North Dakota on 4 April 1952 for a period of 3 years.  He successfully completed his training at Fort Knox, Kentucky and was transferred to Germany on 19 September 1952 for duty as an armor reconnaissance crewman.  

On 7 May 1953 he was convicted by a special court-martial of misappropriating a government vehicle and operating it while inebriated.  He was sentenced to confinement at hard labor for 3 months (suspended) and a forfeiture of pay. 

His records show that he was absent without leave (AWOL) from 3 August to 4 August 1953.  However, the record is silent as to any punishment imposed for that offense.

He was convicted by a special court-martial on 15 June 1954 of being disrespectful in language towards a senior noncommissioned officer and of being intoxicated and incapacitated for the performance of his duties.  He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay. 

He was again convicted by a special court-martial on 7 January 1955 of leaving his guard post before being properly relieved and for assaulting another soldier.  He was sentenced to confinement at hard labor for 6 months and a forfeiture of pay.

On 15 February 1955 he underwent a psychiatric examination and the examining psychiatrist opined that the FSM was free from mental defects, that he understood the difference between right and wrong and was able to adhere to the right.  He further opined that he was immature and impulsive, was well on his way to becoming addicted to alcohol, and that he was not likely to respond to further training, transfer or punishment.  He recommended that the FSM be discharged under the provisions of Army Regulation 615-368 for misconduct.

The actual facts and circumstances surrounding the FSM’s administrative discharge are not present in the available records.  However, the available evidence shows that a board of officers was convened to determine if the FSM should be discharged from the service.  This action was approved on 28 May 1955.

His report of separation (DD Form 214) shows that he was discharged under other than honorable conditions on 30 June 1955 under the provisions of Army Regulation 615-368 for habits and traits of character that rendered his retention in the service as undesirable.  He had served 2 years, 7 months and 15 days of total active service and had 226 days of lost time due to AWOL and confinement. 

There is no indication in the available records to show that the FSM 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 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness.  That regulation provided for the discharge of individuals who had demonstrated their unfitness by giving evidence of habits and traits of character manifested by misconduct.  An undesirable discharge was normally considered appropriate.

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 the absence of evidence to the contrary, it must be presumed that the FSM’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  Accordingly, it appears that the type of discharge directed and the reasons therefor were appropriate even given the limited information contained in the available records.

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

__dh____  __jh ____  ___jm ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049561	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/03/13	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1955/06/30	
DISCHARGE AUTHORITY	AR615-368/UNFIT	
DISCHARGE REASON	UNFITNESS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00/UNFIT	
2.		
3.		
4.		
5.		
6.