MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 January 2002
	DOCKET NUMBER:   AR2001062572

	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:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		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:  In effect, that his undesirable discharge (UD) be upgraded to a general, under honorable conditions discharge (GD) or a fully  honorable discharge (HD).

APPLICANT STATES:  In effect, that his UD should be upgraded to an HD based upon his combat service.  He claims he served in combat with the 187th Airborne Infantry Regiment in Korea from 1950 to 1953.  He also claims that at the conclusion of his tour in Korea he was treated for combat fatigue on a hospital ship and that this condition caught up with him when he was subsequently serving in Germany.  He claims to hold 12 service ribbons and numerous other awards that include the Combat Infantryman Badge.  In support of his application, he submits a copy of his Certification of Military Service 
(NA Form 13038) and an HD certificate from the United States Navy (USN).

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center (NPRC) fire in 1973.  The information herein was gleaned from a copy of a Certification of Military Service (NA Form 13038), dated 31 May 2001, published by the NPRC, National Archives and Records Administration (NARA).  

The applicant provides a copy of an HD certificate, dated 10 February 1946, which shows that he was honorably discharged from the USN on that date, in the rank of torpedoman’s mate third class.  There were no other records made available from this period of prior service.

A discharge packet, containing the specific facts and circumstances surrounding the applicant’s discharge from the Army, was not available to the Board for review.  However, there was a copy of a NA Form 13038 on file, dated 31 May 2001, which verified the applicant’s military service in the Army. 

The NA Form 13038 confirmed that the applicant entered the Regular Army on 21 March 1950, and that he continuously served on active duty until 31 August 1954, at which time he was undesirably discharged, in the rank of private.  This document does not provide the authority and reason for his discharge or any other information in regard to the facts and circumstances surrounding his discharge or separation processing.  

Army Regulation 15-185, the regulation that governs the operation of the Board, sets forth the procedures for processing requests to correct military records.  Paragraph 2-9 states, in pertinent part, that the Army Board for Correction of Military Records begins its consideration of each case with the presumption of administrative regularity and the burden of proving error or injustice by a preponderance of the evidence rests with the applicant.  
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 notes the contentions of the applicant that his discharge should be upgraded based on his combat service and because combat fatigue was a mitigating factor for his misconduct.  However, it finds insufficient evidence to support these claims.  

2.  By regulation, the applicant must prove error or injustice by a preponderance of the evidence.  Because his records were lost or destroyed in the fire at the NPRC, the applicant’s record is void of facts and circumstances concerning events that led to a discharge from the Army.  Therefore, lacking evidence to the contrary, the Board is compelled to presume government regularity in the discharge process and it finds there is insufficient evidence to support the requested relief in this case. 

3.  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.

4.  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__   _ _EJA__  ___RKS_   DENY APPLICATION

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

INDEX

CASE ID	AR2001062572	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/01/31	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0000	
2.		
3.		
4.		
5.		
6.