MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 September 2001
	DOCKET NUMBER:   AR2001058168

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Curtis L. Greenway		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:  In effect, that his general, under honorable conditions discharge be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that he is 68 years old and would appreciate favorable consideration of an upgrade of his discharge.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of his Report of Separation from the Armed Forces of the United States (DD Form 214).

The applicant’s DD Form 214 shows that he entered the Army on 16 July 1952, and continuously served on active duty for 2 years.  It also confirms that on 
12 January 1955, he was separated with an under honorable conditions characterization of service and received a general discharge certificate.  This document also verifies that on the date of his separation he held the rank of private/E-1, completed 1 year, 2 months and 27 days of foreign service, had
41 days of lost time during his term of service, and 141 days of lost time after his normal expiration term of service.  It also confirms that during his active duty tenure he earned the following awards: Korean Service Medal with two bronze service stars; United Nations Service Medal; and National Defense Service Medal.  

Army Regulation 615-360, in effect at the time, directed that the discharge approval authority determine the characterization of service a soldier would receive at the time of separation based on the character and efficiency ratings they had received and their record of court-martial convictions.

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 applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973 and the specific facts and circumstances surrounding the events that led to his 12 January 1955 separation are not on file. 

2.  Regulatory guidance, in effect at the time of the applicant’s release from active duty, mandated that the discharge approval authority determine the characterization of service a soldier would receive based on their character and efficiency ratings and their record of court-martial convictions. 

3.  In the absence of evidence to the contrary, the Board is compelled to presume government regularity in the applicant’s discharge process and that the characterization of service he received was correct and properly assigned by the appropriate authority. 
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

___CLA__  __CLG__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001058168	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/11	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19550112	
DISCHARGE AUTHORITY	AR615-360.  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.