MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 September 2001           
	DOCKET NUMBER:   AR2001061233

	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. John N. Slone 		Chairperson	
	Mr. Ronald E. Blakely 		Member	
	Mr. Lester Echols 		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 dishonorable discharge be upgraded. 

APPLICANT STATES:  That his defense counsel was inadequate.  He contends that his defense counsel threatened him that if he did not plead guilty and remain silent he would be given one year in confinement and issued a dishonorable discharge.  In support of his application, he submits a letter from a social worker dated 8 June 2001. 

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted in the Regular Army on 7 July 1952 for a period of 3 years.  He is entitled to wear the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal and the Parachutist Badge.

On 7 April 1954 the applicant was convicted by a summary court-martial of failure to repair and breaking restriction.  His punishment consisted of 30 days hard labor without confinement and forfeiture of $60.

On 19 April 1954 the applicant was convicted by a special court-martial of failure to obey a noncommissioned officer (NCO), injuring himself to avoid service as an enlisted member and breaking restriction.  He was sentenced to be confined at hard labor for 6 months and to forfeit $55 pay per month for 6 months.   

On 2 July 1954 the applicant was convicted by a general court-martial of assaulting a superior NCO by striking at him with his fists and a stone and disobeying a lawful order from this superior NCO.  He was sentenced to be dishonorably discharged from the service, to forfeit all pay and allowances and to be confined at hard labor for 6 months.  On 9 July 1954 the convening authority approved the sentence.

The Staff Judge Advocate’s Review indicates that a psychiatric report was conducted and no disease was found.

The Army Board of Review affirmed the findings and sentence on 26 July 1954.

The applicant’s appellate review was completed on 31 August 1954.

Accordingly, the applicant was discharged pursuant to the sentence of a general court-martial on 31 August 1954.  He was issued a Dishonorable Discharge Certificate.

The available records do not contain a discharge document.  However, a Certification of Military Service was prepared on 19 June 1996.

The applicant provided a letter from a social worker, dated 8 June 2001, in support of his claim.  The social worker states that the applicant reported he had experienced significant stress, significant racial harassment and was evaluated by a psychiatrist and diagnosed with schizoid personality prior to his discharge.  The social worker also states that it appears from some of this history that the applicant may have been suffering from a mental disorder at the time he was in the service. 

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 contentions that his defense counsel was inadequate and had threatened him.  However, there is no evidence of record, and the applicant has provided no evidence, to support these contentions.

2.  The Board considered the applicant’s contentions that he had experienced significant stress, significant racial harassment and was evaluated by a psychiatrist and diagnosed with schizoid personality prior to his discharge.  However, there is no evidence of record, and the applicant has provided no evidence, to support these contentions.

3.  The Board also considered the social worker’s contention that the applicant may have been suffering from a mental disorder at the time he was in the service.  However, evidence of record shows the applicant underwent a psychiatric examination and no disease was found.

4.  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.

5.  The applicant failed to convince the Board through the evidence submitted or the evidence of record that his discharge was unjust and should be upgraded.

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

JNS____  REB_____  LE______  DENY APPLICATION

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

INDEX

CASE ID	AR2001061233	
SUFFIX		
RECON		
DATE BOARDED	20010925	
TYPE OF DISCHARGE	(DD)	
DATE OF DISCHARGE	19540831	
DISCHARGE AUTHORITY	  	
DISCHARGE REASON	Pursuant to the sentence of a general court-martial	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.