MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 October 2002
	DOCKET NUMBER:   AR2002073000

	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. Joann H. Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		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 at the time he entered the Army he was a 22 year old Sioux Indian from the reservation in South Dakota and did not know much.  However, he knew how to drink beer, as did most of the young Sioux Indians on the reservation.  He goes on to state that when he got paid at Fort Benning, Georgia, he went to town and became intoxicated.  When he returned he was still intoxicated and laid down to sleep or passed out.  He does not remember disobeying a lawful order but he must have because he was put in the stockade and charged with disobeying a lawful order.  Since that time he has joined Alcoholics Anonymous (AA), has turned his life around, has maintained a sober lifestyle, has been a teacher, principal and superintendent and has earned a Ph.D.  He requests that the Board expunge his record of derogatory information and upgrade his discharge to honorable.  In support of his application, he submits three third party character references and a copy of his Federal Bureau of Investigation Record.    

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 show:

He was born on 25 September 1934 and was inducted in Sioux Fall, South Dakota, on 4 August 1955.

The facts and circumstances surrounding his discharge are not present in the available records.  However, his report of separation (DD Form 214) shows that on 23 March 1955, while stationed at Fort Benning, he was discharged under other than honorable conditions, under the provisions of Army Regulation      615-368, for unfitness due to habits and traits of character rendering retention in the service as undesirable.  He had served 4 months and 24 days of active service and had 87 days of lost time.

While the basis for the decision is not present in the available records, the Army Discharge Review Board (ADRB) upgraded his undesirable discharge to a general discharge on 4 September 1964.

The third party statements submitted in support of his application seek to applaud the applicant’s character and his accomplishments.

Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness.  That regulation provided for the discharge of individuals who had demonstrated their unfitness by giving evidence of habits and traits of character manifested by misconduct.  An undesirable discharge was normally considered appropriate.

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’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  It must also be presumed that the type of discharge directed and the reasons therefor were appropriate even given the limited information contained in the available records.

3.  Although the ADRB upgraded his discharge in 1964, it is reasonable to presume that that board did not find sufficient evidence at the time to warrant an upgrade to fully honorable, even when it had his records.  Accordingly, absent evidence to the contrary, the Board finds that there is insufficient evidence to warrant further upgrade of his discharge.

4.  The Board commends the applicant for his post-service accomplishments.  However, they and his supporting statements are not sufficiently mitigating to warrant further upgrade when compared to the reasons for his discharge during such a short amount of service and the absence of the facts and circumstances that led to his discharge.

5.  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.

6.  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

___mvt __  ___jhl___  __rtd____  DENY APPLICATION

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

INDEX

CASE ID	AR2002073000	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/17	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1956/03/26	
DISCHARGE AUTHORITY	AR615-368	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.