MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           26 MARCH 2002
	DOCKET NUMBER:   AR2001065017

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 dishonorable discharge be upgraded.

APPLICANT STATES:  In effect, that he believes he may be entitled to an upgrade of his discharge.  He submits no evidence in support of his request.

EVIDENCE OF RECORD:  The applicant's original military personnel records may have been lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from documents obtained from alternative sources and in earlier correspondence from the applicant to the Board.

Documents available to the Board indicate that the applicant's original petition to the Board, to upgrade his discharge, was considered and denied.  The date of the original action is not reflected in records available to the Board.  Subsequent to the original action, the applicant submitted several other requests to the Board to have his discharge upgraded.  These requests, one in 1976 (AC75-7429), one in 1978 (un-numbered), and one in 1982 (AC63-07436B), were accepted as requests for reconsideration and considered, but denied.  In the absence of the original Board proceedings, this Board has accepted the current application and elected to do a "De Novo" review in order to provide the applicant with a clear understanding why his discharge has not been upgraded.  Copies of those denials will be provided to the applicant as part of this Board’s action.

Information available to the Board indicates the applicant entered active duty on 18 September 1952.  He indicated in previous correspondence that he was inducted into the Army and did not enlist.

On 10 December 1953, while assigned to the 6th Armored Cavalry Regiment in Germany, the applicant was convicted by a general court-martial, in consonance with his plea, of unlawfully entering the billets of Company G, 6th Armored Cavalry Regiment on 30 September 1953 and stealing $22.00 in Military Payment Certificates and 20 Deutsche Marks belonging to another soldier (violation of Articles 134 and 121 of the Uniform Code of Military Justice).  His sentence included a dishonorable discharge, forfeiture of all pay and allowance, and confinement at hard labor for one year.  He was transferred to the United States Disciplinary Barracks at New Cumberland, Pennsylvania.  His conviction and sentence were affirmed on appeal.

Although there are no discharge orders, or copies of any DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), in available records, a Certification of Military Service, issued by officials at the National Personnel Records Center in St. Louis in 1982 indicates the applicant was dishonorably discharged on 24 February 1954.

Other documents available to the Board indicate the applicant remained in confinement until November 1954 when he was released "by sentence expiration…."  A 25 October 1954 document from the Disciplinary Barracks in Pennsylvania indicates a request for clemency was disapproved in May 1954 and that the "conduct of prisoner has been fair.  He has forfeited 40 days good conduct time and has earned 6 days extra good time.  He was in medium custody.  The sentence of this prisoner will expire 1 Nov 54."

Army Regulation 635-200 states that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

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.  Trial by court-martial was warranted and his discharge was accomplished in accordance with applicable laws and regulations.  There is no evidence, and the applicant has not provided any, that his separation was unjust or that his rights were jeopardized in any way.  

2.  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 that requirement.

3.  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

___FNE _  ___LE___  ___TL __  DENY APPLICATION

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

INDEX

CASE ID	AR2001065017	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020328	
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.	110.00	
2.		
3.		
4.		
5.		
6.