MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            31 March 1999
	DOCKET NUMBER:   AR1999023386

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Walter T. Morrison		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:  In effect, that his bad conduct discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that his bad conduct discharge should be upgraded because at the time of his discharge he was going through a divorce.  He contends that he went AWOL to go to work and make money to get his divorce finalized.  He also contends that while he was AWOL he met and married his current wife and they have been married for 44 years.  He goes on to state that he is 68 years old, a double amputee and has been punished enough for his wrongdoings. 

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

He initially enlisted on 26 October 1947 and he completed 2 years 11 months and 14 days of total active service.  On 26 September 1950, he reenlisted for 6 years in the pay grade of E-3.

The facts and circumstances surrounding the applicant’s discharge are not on file.  However, separation orders, dated 3 August 1954, indicate the applicant was confined at Camp Crowder, Missouri, and scheduled for discharge on 5 August 1954 in accordance with Army Regulation 615-364.  The orders further state that General Court-Martial Order (GCMO) Number 226, dated 25 June 1954, was affirmed by GCMO Number 242, dated 15 July 1954.

According to the applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), on 5 August 1954 he was discharged with a bad conduct discharge under the provisions of Army Regulation 615-364, for enlisted personnel discharge dishonorable and bad conduct.  The reason and authority for separation shows “AR 615-364 SPN 45”.  He had served 5 years,
11 months, and 17 days of total active service and he had 300 days lost.  

Army Regulation 615-364, in effect at the time, set forth the basic authority for the separation of enlisted personnel for dishonorable and bad conduct.  It states, in pertinent part, that an enlisted person will be discharged with a bad conduct discharge pursuant only to an approved sentence of a general or special
court-martial imposing a bad conduct discharge.  The regulation also states that when discharge is for reason of desertion, the reason and authority for separation will be “AR 615-364 SPN 45”.

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 the aforementioned requirement.

2.  In the absence of evidence of the contrary, it must be presumed that the applicant’s separation under the provisions of Army Regulation 615-364 was administratively correct and in conformance with applicable regulations.

3.  Accordingly, the type of discharge directed and the reasons therefore appear to be appropriate considering all of the facts of the case.

4.  Careful consideration has been given to the applicant’s contentions.  However, the applicant has failed to convince the Board through the evidence submitted or the available evidence of record that his discharge was unjust and should be upgraded.  The Board noted that the available evidence of record indicates the applicant was convicted by a general court-martial for desertion and had 300 days lost during his enlistment.  Based on the foregoing, the Board determined that relief is not warranted.

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

___wtm__  __jhk ___  __cwb___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023386	
SUFFIX		
RECON		
DATE BOARDED	1999/03/31	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1954/08/05	
DISCHARGE AUTHORITY	AR 615-364  	
DISCHARGE REASON	DISHONORABLE OR BAD CONDUCT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.  815		
3.  821		
4.		
5.		
6.