MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            26 April 2000
	DOCKET NUMBER:   AR1999032962

	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. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Curtis L. Greenway		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:  A complete and unconditional discharge for the time he spent in the Army prior to his enlistment on 19 April 1955.

APPLICANT STATES:  In effect, that the honorable discharge that he received prior to his reenlistment should not be combined with his second period of service.

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

He was inducted in the Army on 31 March 1954 and he successfully completed his training as a light vehicle driver.  

The available records show that the applicant was AWOL from 21 July until 30 July 1954.  However, the record is void of the type of punishment he received.

He was honorably discharged on 18 April 1955 for the purpose of immediate reenlistment.  He had completed 1 year and 8 days of total active service and although it is not a part of the available records, he was furnished a Report of Transfer or Discharge (DD Form 214) which appropriately reflects this period of service.

On 19 April 1955, he reenlisted in the Army for 3 years in the pay grade of E-3.

The applicant was convicted by a summary court-martial on 27 December 1955 of operating a 2½ ton truck while drunk and for violating a lawful general regulation by speeding.  His sentence consisted of a reduction in pay grade and a forfeiture of pay.

On 7 April 1956, NJP was imposed against him for missing formation.  His punishment consisted of hard labor.

He was convicted by a special court-martial on 15 May 1956 of being AWOL from 17 April until 3 May 56.  His sentence consisted of confinement at hard labor and a forfeiture of pay.

On 19 December 1956, the applicant was convicted by a summary court-martial of being AWOL from 25 November until 6 December 1956.  His sentence consisted of hard labor and a forfeiture of pay.

He had NJP imposed against him on 31 December 1956 for missing hard labor.  His punishment consisted of restriction to the company area.

On 17 January 1957 a board of officers convened to determined whether the applicant should be eliminated from the service prior to the expiration of his term of service.  The board’s determination is not present in the available records for review.  However, the available records show that that the applicant was recommended for discharge and the appropriate authority approved the recommendation on 22 January 1957.  Accordingly on 1 February 1957, he was discharged under the provisions of Army Regulation 635-208.  He had completed 2 years 4 months and 28 days of total active service.  He had 147 days of lost time due to AWOL and confinement and he was issued an Undesirable Discharge Certificate.

There is no evidence of record that shows 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 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that the information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214.  It also states that information contained on a previously issued DD Form 214 will not be entered on the preceding DD Form 214.

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 actions by the Army in this case appear to have been proper, and there is no doubt to be resolved in favor of the applicant.

2.  He was inducted in the Army on 31 March 1954.  He was honorably discharged for the purpose of immediate reenlistment on 18 April 1955 and although it is not a part of the available records, he was furnished a DD Form 214 that reflects that period of service.  He was also furnished a DD Form 214 which covers his enlistment on 19 April 1955 and his discharge on 1 February 1957.

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

__sk____  ___kak__  __clg____  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032962	
SUFFIX		
RECON		
DATE BOARDED	2000/04/26	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1957/02/01	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  190	110.0100	
3.		
4.		
5.		
6.