MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 December 2002                   
	DOCKET NUMBER:   AR2002072695

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Charmane Collins		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 under other than honorable conditions discharge to an honorable discharge.

APPLICANT STATES:  In effect, that his battalion commander was not in receipt of all pertinent information at the time of his separation.  He adds that the young lady in question, who was an enlisted man's wife, could not be located as she was serving 90 days in jail for solicitation.  This was the main reason for his resignation.

NEW EVIDENCE OR INFORMATION:  The memorandum prepared to reflect the Board's original consideration of his case on 16 October 2001 (AR2001058414) was accomplished without benefit of the applicant's complete service record.  Subsequently, the records were obtained and are incorporated herein by reference.

Following a period of enlisted service in the Regular Army from 7 July 1950 to 7 February 1955, the applicant was appointed a Second Lieutenant, Signal Corps, on 8 February 1955 upon successful completion of Field Artillery Officer Candidate School, Fort Sill, Oklahoma.

The applicant was assigned to the 1st Radio Broadcasting and Leaflet Battalion, Fort Bragg, North Carolina, as his first permanent, commissioned duty assignment.

On 2 July 1956, General Court-Martial charges were preferred against the applicant for:  failing to go to his place of duty at the Psychological Warfare School on 6 February 1956; making a false official statement regarding matters of his indebtedness; four specifications of dishonorably failing to pay just debts totaling $1523.10; two specifications of writing checks with insufficient funds; and three specifications of breaking restriction on 4 April 1956, 30 April 1956, and 11 May 1956.  Additionally, the applicant was apprehended by military police for being out of uniform on 14 March 1956; for illegal use of post tags (decals) on 4 February 1956; and for drunk driving on 4 February 1956.

The applicant requested resignation for the good of the service under the provisions of Army Regulation 635-120.  On 30 August 1956, the Secretary of the Army accepted the applicant's resignation and directed that he be separated under other than honorable conditions.  On 11 September 1956, he was separated under other than honorable conditions after serving 1 year, 7 months, and 4 days of commissioned service and 6 years, 8 months, and 5 days of total service.

Army Regulation 635-120, Personnel Separations - Resignations and Discharges, then in effect, provided that an officer whose conduct rendered him triable by court-martial for an offense punishable by dismissal could tender his resignation for the good of the service in lieu of trial.  Such resignation, if accepted by the Secretary of the Army, normally would be under other than honorable conditions.

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 resigned in lieu of trial by General Court-Martial.  None of the charges and specifications involved his relationship with an enlisted soldier's wife.

2.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

3.  The overall merits of the case are insufficient as a basis for the Board to reverse its previous decision.

4.  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

__fne___  __jea___  __cc____  DENY APPLICATION

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

INDEX

CASE ID	AR2002072695	
SUFFIX		
RECON	20011016	
DATE BOARDED	20021203	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19560911	
DISCHARGE AUTHORITY	AR 635-120	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.