MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 July 2001                   
	DOCKET NUMBER:   AR2001057199

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Donald P. Hupman, Jr.		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 honorable.

APPLICANT STATES:  That he was misled by persons that he could take a short discharge and reenlist for overseas duty and get help with his problems but it only added to his problems.  While he was assigned to Fort Benning, GA, he went to town, got to drinking heavily, met a woman, and got married the same night.  He did not find this out until the next day.  After about two weeks, he learned that she was already married.  He moved back to post.  He asked the personnel officer if he could get some help with his problem but was told the Army could not help him.  He got to talking to other people and was told about taking a short discharge to go overseas and while there go to the Red Cross and they could help him.  However, when he went to them, they said he would have to wait until he returned to the States.  He started drinking again and went absent without leave (AWOL) for about 4 or 5 days.  When he returned he received a summary court-martial and was reduced.  After his overseas tour, he was assigned to Fort Hamilton, NY where he tried again to get help but to no avail.  He went AWOL again.  The military police picked him up and he was sent to the stockade for 30 days.  He went before a board and after a lot of questions he was given an undesirable discharge.  He does not think any of this would have happened if the Army or the Red Cross would have tried to help him.  He provides copies of letters and his discharge certificates if they will help in any way.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from alternate sources.

The applicant was born on 25 April 1925.  He was inducted into the Army on     18 June 1943 and entered active service on 2 July 1943.  He was honorably discharged on 8 January 1946 after serving in the Pacific Theater of Operations.

On 19 July 1948, the applicant reenlisted in the Regular Army.  He was honorably discharged on 18 July 1951 for the purpose of immediately reenlisting on 19 July 1951.  He was honorably discharged again on 28 September 1953 for the purpose of immediately reenlisting on 29 September 1953.  At this time he held the rank of Sergeant.  

The applicant’s discharge packet is not available.  On 8 May 1956, he was discharged with an undesirable discharge.

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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  The applicant does not explain what he expected the Army or the Red Cross to do for him.  He states his problems started with his marriage to a woman who was already married.  His marriage was a civil matter that would have had to have been resolved in the civil courts.  He was not a young, inexperienced soldier.  It appears he may have been 27 or 28 years old at the time of this marriage with several years of military experience behind him.  He should have known that the Army could not resolve a civil problem and that going AWOL was contrary to the Army’s rules of good order and discipline.  

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

__fne___  __slp___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057199	
SUFFIX		
RECON		
DATE BOARDED	20010717	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.