MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            18 April 2002                  
	DOCKET NUMBER:   AR2002068124

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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 general discharge, under honorable conditions be upgraded to honorable.

APPLICANT STATES:  That he was discharged under general conditions and has not been able to locate his discharge from active duty.  He also states that his records were destroyed in Virginia when they had a fire.  After talking to everyone at his local Veterans Administration office he was told they could not find anything pertaining to his discharge.  He submits a copy of his United States Army Reserve (USAR) discharge in support of his request.  

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the USAR for 6 years as a private, pay grade E-1, on 23 March 1973.

He completed annual training from 28 July to 11 August 1973.

On 6 April 1974, his commander requested the applicant be discharged for the good of service and forwarded the request for determination as to whether the applicant should be terminated by discharge or voiding action.  The request stated that subsequent to his enlistment of 23 March 1973, he was convicted in criminal court of homicide in the first degree on 4 March 1974.  It also stated that the applicant had not served a period of active duty for training (ADT).

On 25 April 1974, the appropriate authority approved his discharge.

He was discharged from the USAR on 20 May 1974, under the provisions of Army Regulation 135-178, paragraph 4-9, for other good and sufficient reasons and issued a general discharge, under honorable conditions. 

On 31 January 2002, the National Personnel Records Center advised the applicant that no separation document was issued because he had no active service, or less than 90 consecutive date of active duty for training.

There is no evidence he applied to the Army Discharge Review Board within their 15-year statute of limitations.

Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the USAR.  The regulation specifies that discharge action may be initiated against a solider when initially convicted by civil authorities, or action is action that is tantamount to a finding of guilty.  This 

regulation also specifies that if a soldier’s service has been honest and faithful, it 
is appropriate to characterize that service as general, under honorable conditions, and when significant negative aspects of the soldier’s conduct outweigh the positive aspects of the soldier’s military record.

Army Regulation 635-5, prescribes the policy and procedures for separation documents furnished individuals who are retired, discharged, or released from active military service, including members of Reserve components on ADT or full-time training duty (FTTD).  The regulation specifies that a DD Form 214 (Certificate of Release or Discharge from Active Duty) will be issued to all personnel at the time of retirement, discharge, or release from the Active Army, including each member of the Reserve components released after completion of more than 89 days of ADT or FTTD.

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 view of the circumstances in this case, the applicant is not entitled to an upgrade of his discharge to honorable.  He has not shown error, injustice, or inequity for the relief he now requests,

2.  The Board notes the applicant’s contentions; however, his records show he was separated for other good and sufficient reasons and his service was characterized as general, under honorable conditions in accordance with applicable regulations.  It is also noted that because he was convicted in criminal court of homicide in the first degree, the character of service directed was appropriate considering all the facts of the case.

3.  The Board also notes that the applicant was previously advised that he was not issued a DD Form 214, because he either had no period of active service or less than 90 consecutive days of ADT.  His active duty for training was from 28 July through 11 August 1973, a period less than 90 consecutive days.  Therefore, he is not entitled to a separation document from active duty.  He was appropriately issued a discharge from the USAR.

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

_bje____  _fne____  _reb____     DENY APPLICATION

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

INDEX

CASE ID	AR2002068124	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A70	
2.		
3.		
4.		
5.		
6.