MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             30 March 2000 
	DOCKET NUMBER:    AR1999030843

	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.

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 undesirable discharge be upgraded to a general discharge.

APPLICANT STATES:  That he was on his way home while on leave when he hitched a ride with some guys and that the car he was in was pulled over because the driver had been drinking.  He also states that he was taken to jail for hitchhiking and that he had not been drinking at all.  He further states that he was due back from leave and was in jail when the military police picked him up.  He goes on to state that he was convicted by a court-martial for being AWOL and was given an under other than honorable conditions discharge.  He concludes by stating that due to the events of misfortune that occurred, he was punished to a severe degree for the incident.

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 10 September 1956 as a cook.  

The applicant’s court-martial charges are unavailable for review.

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his DD Form 214 shows that on 15 July 1957, he was discharged under the provisions of Army Regulation 
635-208, for undesirable habits or traits of character.  He was furnished an Undesirable Discharge Certificate.  He had a total of 7 months and 25 days of creditable service and had 72 days of lost time due to AWOL.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. 

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel having undesirable habits and traits of character. Paragraph 2 of the regulation provided, in pertinent part, for the separation of personnel where there was evidence of an antisocial or amoral
trend, chronic alcoholism, drug addiction, pathological lying, or 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.  The Board noted the applicant’s contentions; however, there is no evidence in the available records, and the applicant has provided no evidence to show that his discharge was unjust and should be upgraded.

2.  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 procedural errors, which would tend to jeopardize his rights.

3.  The type of separation directed and the reasons therefore appear to be appropriate considering all of the available facts of the case.

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 the aforementioned 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:

BJE_____  HOF____  EWL____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030843	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000330x	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19570715	
DISCHARGE AUTHORITY	AR 635-208  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.