MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 October 2002
	DOCKET NUMBER:   AR2002067680

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Charles Gainor		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 general discharge be upgraded to honorable.

APPLICANT STATES:  That he was apprehended and held for 4 days, that no trial was performed or charges preferred, he simply received an administrative review and a decision was made to discharge him.  He goes on to state that he was a young man at the time, under stressful conditions in a new environment.  He contends that he was unfairly accused and discriminated against and he had to defend himself against bodily harm.  He further states that he has been an honorable and productive citizen who is active in his church and community and he desires to have this unfair, isolated incident properly adjudicated. 

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, reconstructed records contain a copy of his report of separation (DD Form 214), which shows:

He enlisted in Providence, Rhode Island, at 18 years of age on 2 November 1954, for a period of 3 years.

The facts and circumstances surrounding his discharge are not present in the available records.  However, his DD Form 214 shows that he was discharged under honorable conditions at Fort Dix, New Jersey, on 31 January 1955, under the provisions of Army Regulation 615-369, for unsuitability due to a character and behavior disorder.  He had served 2 months and 25 days of total active service and had 4 days of lost time due to being absent without leave.  He was still in a trainee status at the time of his discharge. 

There is no indication in the available records that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s     15-year statute of limitations.

Army Regulation 615-369, in effect at the time, provided guidance for the separation of enlisted personnel for unsuitability based on a demonstrated lack of adaptability for military service because of a character and behavior disorder.  Personnel could be discharged under this provision if they exhibited inadequate personalities, immature reactions, lack of physical stamina, non-effective or ineffective performance of duty, situational maladjustment, mental deficiency and enuresis.  The individual could receive an honorable or general discharge when discharge was recommended.

Army Regulation 635-200, currently in effect, provides that a separation issued to soldiers in an entry level status (trainee) who have less than 180 days of active service will receive an uncharacterized separation.

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.  In the absence of evidence to the contrary, the Board must presume that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  Accordingly, it appears that the type of discharge directed and the reasons therefor were appropriate even given the limited information contained in the available records.

3.  The applicant’s contentions have been noted by the Board.  However, they are not supported by evidence submitted with his application or the available evidence of record.  The applicant was still in an entry level status and had 4 days of lost time.  While under today’s standards his service would be uncharacterized, at the time of his discharge, his service was not deemed fully honorable, especially given the short amount of time he served. 

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 this requirement.

5.  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

__wtm___  ___inw__  ___cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067680	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/03	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1955/01/31	
DISCHARGE AUTHORITY	AR615-369 	
DISCHARGE REASON	UNSUIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  547	144.4000/A40.00	
2.		
3.		
4.		
5.		
6.