MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 June 2002
	DOCKET NUMBER:   AR2002071109

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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:  Reconsideration of his request for an upgrade of his discharge.

APPLICANT STATES:  That he volunteered through the draft board at 17 years of age.  His parents signed the consent forms.  He had very little education due to helping them on the farm.  The fact that he was uneducated led him to accept the type of discharge he received.  He needs his discharge upgraded so he will be able to work part time.  He needs to work due to high medical expenses.  He has paid for this mistake by missing out on several good jobs.  He will not seek any benefits; he wants the upgrade strictly for a job.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 12 July 2001 (docket number AR2001055510).

The applicant provides a letter of support indicating he was employed by the City of Mulberry, FL from 1966 to 1967 in the police department.  The City Manager accepted his resignation with regret and noted that he performed his duties in a manner that was a credit to himself as well as to the City of Mulberry.

While the applicant’s Report of Separation, DD Form 214, for the period ending 25 July 1954 shows that he was born on 23 August 1934 and entered active service (apparently through an enlistment) on 18 May 1954, it also shows that he had total net service of 3 years, 2 months, and 9 days.  It appears that he was 16 years and 8 months old at the time he first entered the Army.

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 acknowledges that the applicant was young and perhaps uneducated at the time he first entered the Army.  However, he had served for more than 3 years in the Army at the time he was honorably discharged on       25 July 1954 for the purpose of immediately reenlisting on 26 July 1954.  He was an experienced, 21-year old soldier at the time he was discharged for unfitness on 20 April 1956.  In addition, a discharge for unfitness was not the type of discharge a soldier had an option to accept or reject, so his contention that his being uneducated led him to accept the discharge is irrelevant.

2.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__RVO__  __RWA__  __JTM__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071109	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/20	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1956/04/20	
DISCHARGE AUTHORITY	AR 615-368.  	
DISCHARGE REASON	A50.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.