MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            27 June 2000                  
	DOCKET NUMBER:    AR1999033292

	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		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		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:  The applicant did not state a requests on his application.  The Board will presume therefore, that he is requesting that his records be corrected by upgrading his Other Than Honorable Discharge.

APPLICANT STATES:  That his discharge was unfair because it was based on one isolated incident.  He was found innocent at a court-martial, but is the victim of personal bias.  The applicant does not elaborate on the alleged personal bias. He states that he served honorably, completed jump school and loves his country.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was obtained from alternate sources.

War Department Form 372A (Final Payment – Work Sheet) reflects the applicant enlisted 10 February 1947, arrived at Fort Campbell, Kentucky from Sendai, Japan on 18 May 1949 and was separated on 8 June 1949 under the provisions of Army Regulation 615-368 with an Other Than Honorable Discharge.  In addition to a record of payments, the form indicates the applicant had 190 days of lost time.

The applicant has provided no evidence or information to support his application to upgrade his discharge.

In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

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 satisfies this requirement.

2.  The applicant's allegation regarding violation of rights is unsupported by the available evidence of record and he has provided no evidence to support his claim.

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

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

__mdm __  __wtm __  ___clg___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999033292	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000627	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	106.00	
2.		
3.		
4.		
5.		
6.