MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 January 2000                   
	DOCKET NUMBER:   AR1999030079

	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:

	Ms. Erin J. Olmes		Chairperson	
	Mr. John D. Miller		Member	
	Mr. James M. Alward		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 dishonorable discharge be upgraded.

APPLICANT STATES:  That because of his age he did not understand what was really happening to him.  He felt then and feels now that he was wrongly charged.  He was young and black and did not know what to do on his own behalf.  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 alternate sources.

He was born on 24 September 1924.  (Form OUSW-KD-2, Data for First Clemency Consideration, shows the applicant served 16 (months) of a 2 year sentence in October 1940 for purse snatching and at age 15 was put under supervision of Juvenile Court because of several larcenies).  He enlisted in the Regular Army on 10 November 1942.  

On 25 April 1944, the applicant was convicted by a general court-martial of escaping from confinement; absenting himself from his organization on             18 October 1943; being AWOL from 1 to 3 December 1943; larceny (two barracks bags containing service shoes and underwear), property of the United States; and theft of a vehicle, property of the Royal Air Force, British Government.  The prosecution had introduced a sworn statement he made to the investigating officer, wherein he stated he was in the stockade and did not like the rations and escaped.  He saw an automobile, got in it, started it and took off.  He took two bags containing clothing and shoes out of the supply tent.  He was going to sell the clothes but he was stopped as he was fixing to drive off.  He was sentenced to a dishonorable discharge, to forfeit all pay and allowances, and to be confined at hard labor for 10 years.  Two previous convictions were considered.

On 15 March 1945, the applicant was discharged, with a dishonorable discharge, pursuant to his court-martial sentence.  Later, so much of the sentence to confinement as was in excess of 3 years was remitted.

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.  Trial by court-martial was warranted by the gravity of the offenses charged.  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.  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

__ejo___  __jdm___  ___jma__  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030079	
SUFFIX		
RECON		
DATE BOARDED	20000105	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.