MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           11 APRIL 2002
	DOCKET NUMBER:   AR2001065699

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Richard T. Dunbar		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 to honorable.

APPLICANT STATES:  In effect, that he "was left in Frankfurt, Germany" and taken prisoner.  He states he was a prisoner in "Monte Casino in Italy for 10 days" but escaped and returned to his unit.  The applicant notes that he fought until the war was over, was a "T.Sgt" and was awarded the Combat Infantryman Badge, the European-African-Middle Eastern Campaign Ribbon with bronze service stars, a Silver Star, POW Medal, and a Good Conduct Medal.  He states that he is now in need of medical assistance and indebted to a local hospital.  He states that his financial situation is "bleak and getting worse."  In support of his request he submits his self-authored statement.

EVIDENCE OF RECORD:  The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed entirely from his court-martial record.

The applicant was inducted at Fort Bliss, Texas in October 1942.  In May 1946, at the age of 24, the applicant was convicted by a general court-martial of being AWOL (absent without leave) from 1 October 1945 to 2 April 1946.  He arrived overseas in November 1943.  The applicant was a member of an infantry unit located in Tarvisio, Italy when he was reported as AWOL.  He was subsequently "apprehended about 300 miles" from his unit, "in the Province of Brescia, where he had been living almost continuously" during his period of absence.  During his absence he married an Italian national.

During the applicant's court-martial he did not call any witnesses and "Evidence for the Defense" notes that he had "earned the Good Conduct Medal, three Battle Stars, the Bronze Star and the Combat Infantryman's Badge."  It also noted that the applicant "was slightly wounded on four occasions but never reported his wounds because he did not wish to leave his company."  

His sentence included a dishonorable discharge, total forfeitures, and five years confinement.  

In November 1946 2 years of the applicant's confinement was remitted.  His dishonorable discharged was effective 21 November 1946.

Army Regulation 635-200, which currently establishes the policies and provisions for the separation of enlisted soldiers, 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.  The applicant's discharge was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  While the Board has taken cognizance of the applicant’s service during World War II, and current need for medical and financial assistance, none of these factors, either individually or in sum, warrant the relief requested.

3.  The applicant has presented no evidence that there were any mitigating factors that would excuse, or justify, his more than 6 months of lost time, in an overseas theater of operations.

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 that requirement.

5.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

6.  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

__MKP__  __EJA    _  __RTD__  DENY APPLICATION

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

INDEX

CASE ID	AR2001065699	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020411	
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.	105.00	
2.		
3.		
4.		
5.		
6.