MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          28 October 2003     
		DOCKET NUMBER:  AR2003087915

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner 		Chairperson	
	Ms. Linda D. Simmons 		Member	
	Ms. Marla J. Troup 		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:  That he is a combat wounded veteran who received the Purple Heart.  He contends that he fought for his country and in his opinion he served honorably.  He also states that he needs his discharge upgraded for entitlement to medical benefits at the Department of Veterans Affairs (DVA).  In support of his application, he submits three character reference letters; a Certification of Military Service; a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); and service medical records.  

EVIDENCE OF RECORD:  The applicant's military records have been lost or destroyed.  This case is being considered using reconstructed records.  The applicant's reconstructed records consist primarily of the DD Form 214, discharge orders and service medical records.

The applicant's reconstructed records show he enlisted on 1 May 1950 for a period of 3 years and served as a rifleman in Korea.

The facts and circumstances surrounding the applicant's discharge are not contained in the available records.  However, discharge orders and the applicant's DD Form 214 show he was discharged on 24 December 1952 under the provisions of Army Regulation 615-366, Section IV, paragraph 15a.  His DD Form 214 also shows that he was given an undesirable discharge and that he had 159 days of lost time.

Army Regulation 615-366 in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct due to fraudulent entry, absent without leave, desertion, and conviction by civil court.  Section IV (Conviction by Civil Court), paragraph 15a provided that discharge authorities will discharge individuals who, during their term of service, were convicted by a civil court for a criminal offense or adjudged a youthful offender and sentenced to death or imprisonment for a term exceeding one year.  The regulation also provided that an individual discharged due to conviction by civil court or having been adjudged a youthful offender will be furnished an undesirable discharge certificate.

Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that 

any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

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 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.

2.  The Board considered the applicant's contention that he needs his undesirable discharge upgraded to honorable for entitlement to DVA medical benefits.  However, the Board does not grant relief for the purpose of obtaining medical benefits.

3.  The Board considered the character reference letters provided in support of the applicant's claim.  However, good post service conduct alone is not a basis for upgrading his discharge.

4.  In the absence of evidence to the contrary, it must be presumed that the applicant’s separation was administratively correct and in conformance with applicable regulations.  Accordingly, the type of discharge directed and the reasons for separation appear to be appropriate.

5.  The Board noted that the applicant’s DD Form 214 shows that he had 
159 days of lost time and determined that his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant is not entitled to an honorable discharge. 

6.  The applicant failed to convince the Board through the evidence submitted that his discharge was unjust and should be upgraded.

7.  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

RJW____  LDS____  MJT_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087915	
SUFFIX		
RECON		
DATE BOARDED	20031028	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19521224	
DISCHARGE AUTHORITY	AR 615-366  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.