MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 April 2000
	DOCKET NUMBER:   AR1999031544

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Steuve		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 an honorable or a general discharge.

APPLICANT STATES:  That the type of discharge he received is an injustice because his hearing was unfair and he was discriminated against because of his race.

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 alternate sources.

On 4 October 1954, he enlisted in the Army for 3 years in the pay grade of E-1 and he successfully completed his training as an air missile fire control crewman.

The applicant was convicted by a summary court-martial on 27 June 1955 of stealing a straight barber-type razor.  His sentence consisted of a reduction in pay grade, a forfeiture of pay and restriction.

Nonjudicial punishment (NJP) was imposed against the applicant on 19 September 1955 for failure to report to detail.  His punishment consisted of a reprimand and extra duty.

On 15 November 1955, NJP was imposed against the applicant for misbehavior while on guard duty (loitering).  His punishment consisted of extra duty.

He had NJP imposed against him on 5 January 1956 for failure to return from an appointment at the proper time.  His punishment consisted of a reprimand and extra duty.

On 22 March 1956, NJP was imposed against him for failure to report for guard duty at the proper time and for leaving the site without permission while on standby.  His punishment consisted of a reprimand and restriction.

On 21 October 1956, the applicant had NJP imposed against him for using insulting language to a female under 16 years of age.  His punishment consisted of extra duty.

He had NJP imposed against him again on 30 November 1956 for failure to obey a lawful order.  His punishment consisted of extra duty.

On 14 May 1957, NJP was imposed against him a seventh time.  He was punished for failure to report to guard detail at the proper time.  His punishment consisted of extra duty.  

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Transfer or Discharge, DD Form 214, indicates that the applicant was discharged on 8 July 1957, under the provisions of Army Regulation 635-208 for repeated military offenses not warranting trial by 
court-martial and was issued an Undesirable Discharge Certificate. 

There is no evidence of racial discrimination or prejudice either before, or incident to, the altercations which gave rise to the applicant's offenses.

A review of the available records fails to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 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 by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with civil or military authorities.  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.  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 type of discharge directed and the reasons therefor appears to have been appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, they are not substantiated by the evidence of record.  The available records clearly show that the applicant had NJP imposed against him seven times and he was convicted by a summary court-martial on one occasion.  There is no evidence of record that supports his contention that he was discriminated against because of the color of his skin.

4.  Considering his repeated military offenses, it does not appear that the UD was too harsh and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___rgh__  __jps____  __be____  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031544	
SUFFIX		
RECON		
DATE BOARDED	2000/04/12	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1957/07/08	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  592	144.5100/A51.00	
2.		
3.		
4.		
5.		
6.