MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 April 2000                   
	DOCKET NUMBER:   AR1999029643

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Stueve		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 bad conduct discharge be upgraded to honorable.

APPLICANT STATES:  That it was a racial matter.  There were no black people on the board.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from his report of trial and his           DD Form 214, Report of Separation.

After having had 6 years of prior service, the applicant reenlisted on 20 April 1949 for 6 years.  

Between March 1950 and March 1951, the applicant was convicted by two summary and two special courts-martial for absenting himself from his station; failing to obey a lawful order from a non-commissioned officer; striking a military policeman; and being disorderly in uniform in a public place, disorderly in camp, and failing to obey a lawful order from a commissioned officer, respectively.

On 18 July 1951, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from on or about 2 to on or about 3 July 1951 and for disobeying a lawful command from his superior commissioned officer.  He was sentenced to a bad conduct discharge, to forfeit $63.00 for 6 months and to be confined at hard labor for 6 months.

On 27 November 1951, the U. S. Army Board of Review affirmed the findings of guilty and the sentence.   

On 23 January 1952, the applicant waived his right to petition the Court of Military Appeals for a grant of review. 

On 31 January 1952, the applicant was discharged with a bad conduct discharge pursuant to his court-martial sentence.  He had completed 8 years, 4 months and 13 days of creditable active service and had 319 days of lost time.

Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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.  The Board notes the applicant’s prior service but concludes that trial by court-martial was warranted by the gravity of the offenses charged and his record of previous convictions.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

3.  There is no evidence in the available records and the applicant provides no such evidence to show that he was the victim of racial prejudice.  The racial composition of the court-martial panel is not known but neither does the applicant provide evidence that an all-white panel failed to give him a fair hearing.

4.  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

__rgh___  __bje___  __jps___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029643	
SUFFIX		
RECON		
DATE BOARDED	20000412	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.