MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 April 2000
	DOCKET NUMBER:   AR1999034493

	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:  That his undesirable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That he was young when he enlisted in the Army and that he was court-martialed for falling asleep while he was on guard duty.  He states that he was court-martialed a second time and he was placed in the stockade for a long time.  He goes on to state that he has been diagnosed as being paranoid schizophrenic and that he should never have been discharged from the Army without being seen by a doctor because he has been receiving disability payments since 1979.

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.

On 18August 1954, he enlisted in the Army at age 17 with parental consent for 
3 years in the pay grade of E-1.  He successfully completed his training in basic field artillery.

The available records show that on 3 March 1956, the applicant was convicted by a special court-martial of sleeping at his guard post.  The records further show that he was convicted by a summary court-martial on 3 May 1956 for being AWOL on 21 April 1956 and he was convicted by again by a summary 
court-martial on 22 May 1956 for being AWOL on 18 May 1956.  The available records also show that on 21 August 1957 he was convicted by a special 
court-martial of being AWOL from 8 August until 14 August 1956.  

On 31 August 1956, the applicant underwent a medical evaluation and no disqualifying mental or physical defects were found sufficient to warrant discharge for medical reasons.

The records show he that he was placed in confinement on 21 August 1956 and he remained in confinement until 18 September 1956.

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 18 September 1956, under the provisions of Army Regulation 635-208, for habitual shirking of his duties.  He had completed 1 year, 11 months and 24 days of total active service.  He had approximately 38 days of lost time due to AWOL and confinement and he was issued an Undesirable Discharge Certificate.

On 20 May 1958, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge.  During the time of the ADRB’s review of his case, the applicant submitted documentation from the Mendota State Hospital dated 7 April 1958 indicating that he was diagnosed with schizophrenic reaction, paranoid type.

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel having undesirable habits and traits of character that render them unfit for military service.  Separation under this regulation required a medical examination by a physician trained in psychiatry.  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. While the Board has taken cognizance of the applicant's age at the time of his enlistment, it is not sufficiently mitigating to warrant an upgrade of his discharge.

3.  His contention have been noted by the Board, however the record clearly shows that he underwent a medical examination on 31 August 56 and he had no disqualifying mental or physical defects sufficient to warrant discharge for medical reasons.  The available records show that he was discharged for being a habitual shirker of his duties.  

4.  In the absence of evidence to the contrary, it is 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	AR1999034493	
SUFFIX		
RECON		
DATE BOARDED	2000/04/12	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1956/09/18	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  595	144.5400/A54.00	
2.		
3.		
4.		
5.		
6.