MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 April 2001
	DOCKET NUMBER:   AR2000050802

	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:

	Mr. Roger W. Able		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman		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 his undesirable discharge be upgraded to a more favorable discharge.

APPLICANT STATES:  In effect, that he was young and wild at the time and he is sorry for the things he did.  He is older now and has had time to reflect on his mistakes and desires to clean up his life and be honored for his service to his country as well as improving his self-esteem.  In support of his application he submits a copy of his report of separation (DD Form 214). 

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri which destroyed millions of service records.  However, the DD Form 214 provided by the applicant shows:

He enlisted in Columbus, Ohio on 23 March 1955 for a period of 3 years.  He received training as an ammunition storage helper and was assigned to Fort Polk, Louisiana.

On 11 April 1957 he was discharged under other than honorable conditions under the provisions of Army Regulation 635-208 for unfitness based on habits or traits of character manifested by anti-social amoral trends.  He had served 1 year, 7 months and 21 days of total active service and had 148 days of lost time.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness for those individuals exhibiting habits or traits of character manifested by amoral trends.  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 applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would tend to jeopardize his rights.

2.  Accordingly, it must also be presumed that the type of discharge directed and the reasons therefor were appropriate considering all of the available facts of the case.

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

___ra___  ___rtd___  ___dh ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000050802	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/12	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1957/04/11	
DISCHARGE AUTHORITY	AR635-208/UNFIT	
DISCHARGE REASON	UNFITNESS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00/UNFIT	
2.		
3.		
4.		
5.		
6.