MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 September 2001                   
	DOCKET NUMBER:   AR2001058067

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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, reconsideration of his request for an upgrade of his dishonorable discharge (DD) which this Board denied on 
27 February 1974.  The Memorandum of Consideration is not available and the case is reviewed de novo.

APPLICANT STATES:  In effect, that since receiving his DD he has worked in construction for over 25 years productively and has retired.  He has been married and has supported his family for over 25 years and he has custody of his two grandchildren.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted into the Army of the United States on 10 January 1952.  He took his basic training at Fort Riley, Kansas and served as a cannoneer at Fort Sill, Oklahoma and at Camp Hanford, Washington.
The highest grade he achieved was pay grade E-2.

On 17 April 1952, the applicant was convicted by a summary court-martial
(SCM) of being absent without leave (AWOL) from 3 to 10 April 1952.  He was sentenced to 14 days restriction and a forfeiture of $16.00 pay.

On 22 May 1952, the applicant was convicted by an special court-martial (SPCM)
of being AWOL from 28 April to 6 May 1952.  He was sentenced to 30 days hard labor without confinement.

On 14 August 1952, the applicant was convicted by an SPCM of being AWOL from 7 July to 2 August 1952.  He was sentenced to 60 days confinement at hard labor (CHL) and a forfeiture of $25.00 pay per month for 3 months.  On 
15 September 1952, the unexecuted portion of CHL was suspended.

On 13 March 1953, the applicant was convicted by an SCM of being AWOL from 24 February to 5 March 1953.  He was sentenced to a reduction to pay grade
E-1 and a forfeiture of $25.00 pay.

On 10 August 1953, the applicant was convicted by an SPCM of being AWOL from 2 June to 7 July 1953.  He was sentenced to CHL for 60 days and to forfeit $20.00 pay per month for 2 months.  

In October 1953, the applicant was assigned to Battery C, 865th Anti Aircraft Artillery Battalion, Korea as an Anti Aircraft Automatic Weapon Crewman.

On 26 April 1954, the applicant was convicted by a general court-martial
of two specifications of assault with intent to commit murder and one specification of assault with a dangerous weapon.  He was sentenced to a forfeiture of all pay and allowances, CHL for 7 years and to be discharged from service with a DD.

On 4 June 1954, the Board of Review, United States Army affirmed the findings of guilty and the sentence.  

On 22 June 1954, the provisions of Article 71(c) having been complied with, the sentence was duly executed.  The applicant was committed to the U.S. Army Stockade, 8044th Army Unit, Korea.  The applicant was later transferred to the United States Penitentiary, Leavenworth, Kansas.

On 14 July 1954, the applicant was discharged, in pay grade E-1, with a DD.  His separation document indicated that he had 1 year, 8 months and 1 day of creditable service and 237 days of lost time.  

On 27 February 1974, the Army Board for Correction of Military Records denied the applicant’s request for correction of his military records.  

On 14 March 1990, the applicant’s request for reconsideration was denied by the staff of the Board based on his failure to provide new material evidence, or other relevant matter, which was not in the record at the time of the prior Board consideration.

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

2.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

3.  The Board notes the applicant’s good post-service conduct; however, this factor does not warrant the relief requested. 

4.  The applicant has failed to provide any basis for the Board to grant clemency.

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

__jhl___  __mhm___  __kah___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058067	
SUFFIX		
RECON		
DATE BOARDED	20010918	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	19540714	
DISCHARGE AUTHORITY	AR615-364	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	105.0100	
2.		
3.		
4.		
5.		
6.