MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 June 2002
	DOCKET NUMBER:   AR2002071476

	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:

	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:  That his undesirable discharge be upgraded so that he may obtain benefits.

APPLICANT STATES:  In effect, that he was young at the time and did not know what he was getting into; however, he has been a model citizen since his release from prison and performs work for volunteer programs.  In support of his application he submits a copy of his report of separation (DD Form 214), a copy of his Certificate of Baptism, two job-related certificates, a third party character reference letter, and documents relating to his application to the Army Discharge Review Board (ADRB).

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, the documents provided by the applicant with his application show:

He enlisted in Sacramento, California, on 21 March 1951 for a period of 3 years.  He served 1 year, 8 months and 19 days of foreign service and was awarded the Korean Service Medal with four bronze service stars and the United Nations Service Medal. 

The facts and circumstances surrounding his administrative discharge are not present in the available records.  However, the DD Form 214 provided by the applicant shows that on 30 November 1953, he was discharged under other than honorable conditions under the provisions of Army Regulation 615-366 for misconduct, based on a conviction by civil authorities.  He had served 2 years, 5 months and 10 days of total active service and had 91 days of lost time.  He was confined in the Federal Penitentiary at Phoenix, Arizona at the time of his discharge. 

The applicant applied to the ADRB in March 1957 and that board denied his request for an upgrade of his discharge in September 1957.

Army Regulation 615-366, in effect at the time, provided for the administrative discharge of personnel who were convicted by civil authorities and who were in the custody of civil authorities.  It provided that an Undesirable Discharge Certificate would be issued.

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, it must be presumed that the applicant was administratively discharged in accordance with applicable laws and regulations in effect at the time, with no procedural errors that would jeopardize his rights.

2.  Accordingly, it must also be presumed that his discharge was properly characterized.

3.  The applicant’s contentions have been noted by the Board; however, they are not sufficiently mitigating to warrant relief when considering the reason for his discharge and his otherwise undistinguished record of service.

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

__rwa___  ___jm___  ___rvo___  DENY APPLICATION

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

INDEX

CASE ID	AR2002071476	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/20	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1953/11/30	
DISCHARGE AUTHORITY	AR615-366	
DISCHARGE REASON	CIV CONV	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  627	144.6100/A61.00	
2.		
3.		
4.		
5.		
6.