MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           10 May 2000
	DOCKET NUMBER:   AR1999031132

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern III		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 dishonorable discharge be upgraded to honorable.

APPLICANT STATES:  That he was tried for desertion but found guilty of AWOL only.  He was dishonorably discharged for this offense (which was his first and only offense) and believes he should have received 6 months and 2/3 forfeiture of pay.  In support of his request, he submits copies of his discharge certificate, his DD Form 214 (Report of Separation), three letters of character reference, general court-martial orders, and the record of trial.

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 reconstructed personnel records:

He enlisted on 14 June 1948 for a period of 3 years.

On 16 February 1950, the applicant was tried by general court-martial and found guilty of AWOL from 11 November 1949 to 18 January 1950.  The adjudged sentence comprised of confinement at hard labor for 6 months, forfeiture of all pay and allowances, and a dishonorable discharge.  The sentence was approved as adjudged and the dishonorable discharge was executed on 18 May 1950.  The applicant had 1 year, 4 months and 21 days of creditable service and 
193 days of time lost.

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.  Trial by court-martial was warranted by the gravity of the offense charged.  Conviction and discharge were effected in accordance with applicable law and regulations in effect at the time, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

2.  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.

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

__mkp___  __gdp__  __tbr____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031132	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	19500518	
DISCHARGE AUTHORITY		
DISCHARGE REASON	A63.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.