MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 June 2003
	DOCKET NUMBER:   AR2003084348

	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. John N. Slone		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. William D. Powers		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 to honorable.

APPLICANT STATES:  In effect, that he desires to have his discharge upgraded so that he may obtain veterans benefits.  In support of his application he submits a copy of his report of separation (DD Form 214) and two letters of support from social work associates of the Department of Veterans Affairs (VA).

EVIDENCE OF RECORD:  The applicant's military records were destroyed by the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, the DD Form 214 provided by the applicant shows:

He was inducted in Newark, New Jersey, on 26 March 1952.  He served 2 months and 26 days of foreign service with Company C, 17th Infantry Regiment, which according to information obtained from the archives, was stationed in Korea at the time.

He was discharged under other than honorable conditions at Camp Kilmer, New Jersey, on 22 December 1953, under the provisions of Army Regulation 625-368, for unfitness due to habits rendering retention in the service as undesirable.  He had served 8 months and 19 days of total active service and had 298 days of lost time.

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, the Board must presume 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.  The type of discharge directed and the reasons therefore were appropriate even given the limited information contained in the available records.

3.  The applicant’s contentions and supporting statements have been noted by the Board; however, they are not sufficiently mitigating to warrant relief when his overall record of undistinguished service is considered.  Additionally, the desire to obtain veterans benefits alone does not now nor has it ever served as a basis to upgrade a discharge.  

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

__js ____  __wdp___  __lem___  DENY APPLICATION

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

INDEX

CASE ID	AR2002084348	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/06/19	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1953/12/22	
DISCHARGE AUTHORITY	AR615-368	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.