MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 April 2001
	DOCKET NUMBER:   AR2000050002

	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:

	Mr. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas F. Baxter		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 undesirable discharge be upgraded to a general discharge.

APPLICANT STATES:  In effect, that the type of discharge that he received is too harsh considering the nature of his offenses.  In support of his appeal, he submits a letter from a friend dated 4 September 2000; a letter from the Commissioner, Veterans’ Services Department dated 8 April 1994; and an undated letter from his wife all attesting to his good character and post-service conduct.

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 applicant’s Report of Transfer or Discharge (DD Form 214).

On 18 November 1953, he enlisted in the Army for 3 years in the pay grade of 
E-1.  He successfully completed his training as a food services helper.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 31 August 1956, under the provisions of Army Regulation 635-206 for misconduct based on habits and traits of character rendering his retention in the Army undesirable.  He was issued an undesirable discharge. 

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 635-206, then in effect, outlined the conditions and procedures for the discharge of enlisted personnel for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

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 the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  Unfortunately, the applicant’s DD Form 214 shows that he was discharged on 31 August 1956 for misconduct and was issued an undesirable discharge.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___tb ___  ___jm___  ___wtm__  DENY APPLICATION

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

INDEX

CASE ID	AR2000050002	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/03	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1956/08/31	
DISCHARGE AUTHORITY	AR 635-206	
DISCHARGE REASON	626	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  642	144.6115.0000	
2.		
3.		
4.		
5.		
6.