MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 April 2000
	DOCKET NUMBER:   AR1999031537

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. James E. Anderholm		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 (UD) be upgraded to a general, under honorable conditions discharge (GD).

APPLICANT STATES:  In effect, that he admits to having made a mistake in judgement, but still feels that his punishment for that mistake was too severe.  In addition, he comments that he believes that he has paid the price and then some since 1956.  There is a character reference letter enclosed, from an attorney, which indicates that the applicant has been a law abiding member of his community, a good citizen, and a good family man and an asset to the community for many years.

EVIDENCE OF RECORD:  The applicant's military records show:

A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  Therefore, there were limited records available to this Board for review.  However, there is a properly constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) on file, which indicates that he enlisted in the Regular Army on 1 February 1955.

The DD Form 214 contains no documented acts of valor, significant achievement, or service warranting special recognition.  However, it does include verification that the applicant had accrued a total of 115 days of time lost during the tenure of his enlistment.  

The available records do not contain the specific circumstances surrounding the events which led to the applicant’s separation.  However, the properly constituted DD Form 214, which was issued to and authenticated by the applicant , does document the following facts:  Character of Service-Under Other than Honorable Conditions; Type of Discharge Certificate Issued-Undesirable; Authority and Reason for Separation-AR 635-208/SPN 488 (Undesirable Habits and Traits).  

The DD Form 214 also indicates that on 15 August 1956, the applicant was issued an UD Certificate after completing 1 year, 2 months, and 19 days of creditable active military service, and having had accrued 115 days of time lost. 

There is no indication that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade to his discharge within the 15 year statute of limitations.

Army Regulation 635-208, then in effect, provided in pertinent part the policies, procedures, and guidance for the prompt elimination of enlisted personnel who were determined to be unfit for further military service.  Individuals discharged under this regulation would normally be issued a UD.

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 desire for an upgrade to his discharge and acknowledges his post service good conduct and accomplishments, as evidenced by the letter of support contained with his application.  However, these factors alone do not provide a basis for relief.  

2.  Although the specific facts and circumstances concerning the events which led to the applicant's discharge are not on file, the record does include a properly constituted DD Form 214, which was authenticated by the applicant.  This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process.  Further, the Board found no evidence in the available records or in anything submitted by the applicant to overcome that presumption.

3.  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.

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

___ew___  ___ja ___  ___js ___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031537	
SUFFIX		
RECON		
DATE BOARDED	2000/04/06	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1956/08/15	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	Undesirable Habits and Traits	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 189	110.0000	
2.		
3.		
4.		
5.		
6.