MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 April 2003
	DOCKET NUMBER:   AR2003088484

	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	
	Ms. Terry L. Placek		Member	
	Mr. Robert Duecaster		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.

APPLICANT STATES:  In effect, that the only offense he committed was going absent without leave (AWOL).  However, he served 2 years in Korea and has since retired from his job after 30 years.  He goes on to state that he is involved in his community at the age of 70 and would like to be able to show his grandchildren his medals.  In support of his application he submits a copy of his separation document (DD Form 214) and a copy of a medical document showing that he was treated while a prisoner in confinement.

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 report of separation provided by the applicant shows:

He enlisted in New York on 12 January 1951 for a period of 3 years.  He served 1 year, 2 months and 2 days of overseas service and was awarded the United Nations Service Medal, the Korean Service Medal and the National Defense Service Medal.

The facts and circumstances surrounding his administrative discharge are not present in the available evidence; however, his DD Form 214 shows that he was discharged under other than honorable conditions on 21 April 1955, under the provisions of Army Regulation 615-368, for unfitness due to habits and traits of character manifested by misconduct.  He had served 2 years, 9 months and 17 days of total active service and had 538 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, 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.  Accordingly, the type of discharge directed and the reasons therefore were appropriate, even given the limited information contained in the available records.

3.  The Board has noted the applicant's contentions of good post-service conduct and finds that they are not sufficiently mitigating to warrant an upgrade of his discharge, given the extensive amount of lost time he amassed.

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

___tlp___  __rvo ___  ___rld___  DENY APPLICATION

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

INDEX

CASE ID	AR2003088484	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/24	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1955/04/21	
DISCHARGE AUTHORITY	AR615-368	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.