MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            10 May 2000
	DOCKET NUMBER:   AR1999034770

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 a general discharge.

APPLICANT STATES:  That he had completed a good tour of combat in the Army, to include being hospitalized for injuries that he received.  He states that the type of discharge that he received is too harsh under today’s standards.  In support of his appeal he submits statements from three of his associates attesting to his good post-service conduct.

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.

After completing 2 years, 9 months and 18 days of a 2-year enlistment, he reenlisted in the Army on 23 October 1951.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Report of Separation, DD Form 214, indicates that the applicant was discharged on 22 August 1953, under the provisions of Army Regulation 615-368 and was issued an Undesirable Discharge Certificate.   He had completed 3 years, 11 months and 7 days of total active service and he had a total of 241 days of lost time.

There is no evidence that the applicant ever applied to the Army Discharge Review Board for an upgrade if his discharge within that board’s 15-year statute of limitations.  

Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness.  That regulation provided for the discharge of individuals who had demonstrated their unfitness by giving evidence of undesirable habits and traits of character manifested by misconduct.

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 supporting statements and the applicant’s contentions have been noted by the Board.  However, his post-service conduct is not sufficiently mitigating to warrant the relief requested.  The evidence of record clearly shows that he had 241 days of lost time between 23 October 1951 and 22 August 1953 and he was issued an Undesirable Discharge Certificate.  

3.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

__tbr ___  __gp____  __mkp___  DENY APPLICATION

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

INDEX

CASE ID	AR1999034770	
SUFFIX		
RECON		
DATE BOARDED	2000/05/10	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1953/08/22	
DISCHARGE AUTHORITY	AR 615-368	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  651	144.6300/A63.00/AWOL	
2.		
3.		
4.		
5.		
6.