MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 March 2001
	DOCKET NUMBER:   AR2000050200

	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. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Gail J. Wire		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 blue discharge be changed to an honorable discharge.

APPLICANT STATES:  That he was young and immature at the time that he enlisted in the Army.

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.

He was inducted into the Army on 5 September 1944, at age 18 and he successfully completed his training as a rifleman.

His Enlisted Record and Report of Separation (WD AGO Form 53-55) shows that he was honorably discharged on 27 October 1945, under the provisions of Army Regulation 615-365 for the Convenience of the Government to enlist in the Regular Army.  He had completed 1 year, 1 month and 27 days of total active service.

He reenlisted in the Army on 28 October 1945.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The WD AGO Form 53-55, reflecting his 28 October 1945 enlistment, indicates that the applicant was discharged on 27 February 1947, under the provisions of Army Regulation 615-368 for unfitness.  His WD AGO Form 53-55 also shows that he had 95 days of lost time. He had completed 2 years, 2 months and 20 days of total active service and was issued a Blue Discharge Certificate (undesirable).

The Blue discharge replaced the discharge without honor and the reason for issuance was expanded to include persons discharged for unfitness, and to characterize the service of a member whose character of service had been less than honorable.

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 undesirable habits and traits of character manifested by misconduct.

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.  The applicant’s contentions have been noted by the Board.  However, the evidence of record clearly shows that he was 20 years old at the time he was discharged from the Army.

3.  It appears that the type of discharge he received appropriately reflects his character of service.  He had 95 days of lost time and was furnished a blue discharge.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___alr  __  __gw____  ___ra ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000050200	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/03/27	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1947/02/27	
DISCHARGE AUTHORITY	AR 615-368	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  626	144.6000.0000	
2.		
3.		
4.		
5.		
6.