MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 October 2001
	DOCKET NUMBER:   AR2001058414

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Donald P. Hupman		Member	
	Ms. Regan K. Smith		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 discharge under other than honorable conditions be upgraded to honorable.

APPLICANT STATES:  That his character of discharge resulted from an incident with an enlisted member’s wife.  He was an officer at the time of the affair; however, he denied any knowledge that the female was married and still insists he did not know of her marriage.  He also contends that he was informed that his discharge could later be upgraded.  In support of his application, he submits a letter of explanation, dated 12 April 2001; a DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 11 September 1956; a DD Form 214  with an effective date of 7 February 1955; a copy of a DD Form 215 (Correction to DD Form 214), dated 9 May 1962; and three character reference letters.  

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant served as an enlisted member in the Regular Army prior to his commission as a second lieutenant on 8 February 1955.  

The facts and circumstances surrounding the applicant’s discharge are not contained in the available records.  However, his DD Form 214 with an effective date of 11 September 1956 shows that he was discharged under other than honorable conditions on 11 September 1956 under the provisions of Army Regulation 635-120, paragraph 4, for the good of the service, in lieu of trial.

There is no indication in the available records which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations.

Army Regulation 635-120, in effect at the time, governed officer separations and provided policies and procedures for separating officers from active duty.  Paragraph 4 of this regulation provided that an officer may submit a resignation for the good of the service in lieu of trial when his conduct rendered him triable by court-martial for an offense punishable by dismissal; or if the officer is under suspended sentence of dismissal.  The regulation provided that a resignation for the good of the service, when approved by the Department of the Army, normally would be accepted as being under other than honorable conditions.

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 considered the applicant’s contention that he had no knowledge that he was committing an offense.  However, there is no evidence of record, and the applicant has provided no evidence, to support this contention. 
2.  The Board considered the applicant’s contention that he was informed that his discharge could later be upgraded.  However, an upgrade is not automatic and there is no evidence which shows the applicant applied to the Army Discharge Review Board for a discharge upgrade within the 15-year statute of limitations.  

3.  The Board also considered the three character reference letters provided in support of the applicant’s claim.  However, good post service conduct alone is not a basis for upgrading a discharge.  

4.  In the absence of evidence to the contrary, it must be presumed that the applicant’s discharge under the provisions of Army Regulation 635-120, for the good of the service, in lieu of trial, was administratively correct and in conformance with applicable regulations.

5.  Accordingly, the type of discharge directed and the reasons for separation appear to be appropriate.

6.  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.

7.  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

RVO____  DPH____  RKS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001058414	
SUFFIX		
RECON		
DATE BOARDED	20011016	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19560911	
DISCHARGE AUTHORITY	AR 635-120 Paragraph 4	
DISCHARGE REASON	For the good of the service in lieu of trial	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.