MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  10 April 2001
	DOCKET NUMBER:  AR2001052826

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. George Paxson		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 an honorable discharge.

APPLICANT STATES:  That he believes his record is in error or unjust.  He also states that his discharge was a racial discrimination act to keep an Afro-American from having any rights, that he had no one to fight for him, and did not know 
anything could be done about his discharge.  He also states that he is now married with grown children, is a born again Christian, works everyday, pays taxes, votes, and is purchasing a home.  In support of his application he submits a copy of his DD Form 214 (Report of Transfer or Discharge), a copy of a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), a letter from his pastor, and a copy of a police report.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 21 February 1956 as a light weapons infantryman.

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his DD Form 214 shows that on 21 August 1957, he was discharged under the provisions of Army Regulation 635-208, due to habits and traits resulting in misconduct.  He was furnished an Undesirable Discharge Certificate.  He had a total of 1 year, 6 months and 
28 days of creditable service and had 3 days of lost time due to AWOL.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 25 July 2000.  However, the ADRB was precluded from accepting his application due to its statute of limitations.  The Board accepted his application (DD Form 149), dated 6 February 2001.

Army Regulation 635-208, then in effect, set forth the policy for administrative separation for unfitness (misconduct).  Paragraph 1c(1) of the regulation provided, in pertinent part, for the separation of personnel where there was evidence of an antisocial or amoral trend, chronic alcoholism, criminalism, drug
addiction, pathological lying, or misconduct.  Action to separate an individual was to be taken when, in the judgement of the commander, it was clearly established that rehabilitation was impractical or was unlikely to produce a satisfactory soldier.  When separation for unfitness was warranted, an undesirable discharge was normally issued.

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 Board notes the applicant’s contention; however, there is no evidence in the available records, and the applicant has provided no evidence to show that his undesirable discharge was a racial discrimination act to keep him from having any rights.

2.  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 indication of procedural errors, which would tend to jeopardize his rights.

3.  The type of separation directed and the reasons for that separation were
appropriate considering all of the available facts of the case.

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

__sw___  ___ja__  __gp____  DENY APPLICATION

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

INDEX

CASE ID	AR2001052826	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010410	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19570821	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.