MEMORANDUM OF CONSIDERATION

	

	BOARD DATE:            3 June 1999                     
	DOCKET NUMBER:   AC98-07908
				   AR1999026551

	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. Loren G. Harrell		Director	
	Mr. Wyman N. Bailey		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Kathleen A. Newman		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: That his dishonorable discharge be upgraded to a general or honorable discharge.   

APPLICANT STATES:  That he was forced to go AWOL because he should have never been assigned to a war zone since he was a sole surviving son.  He further states that he will forward additional information at a later date.     

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 the record of his trial by court-martial and from reconstructed personnel records.

He enlisted in the Regular Army on 19 January 1948 for period of 3 years.   

He was convicted by general court-martial on 14 May 1951 of violation of the 61st Article of War: specification, in that the applicant without proper leave, did absent himself from his unit on or about 14 December 1950 and did remain so absent until on or about 21 march 1951.  

He pleated not guilty and even after being duly advised of his rights he elected to remain silent.  His sentence was to be discharged from the service with a dishonorable discharge, to forfeit all pay and allowances, and to be confined for five (5) years.

On 27 June 1951 the Army Court of Military Review considered the applicant’s entire record, and held that the findings of guilty and sentence as approved by the convening authority to be correct in law and fact.  Accordingly, those findings of guilty and sentence were affirmed.

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.  There is nothing in the available records nor has the applicant provided any documentation to substantiate his contention that he should have been exempted from being assigned to a war zone due to his being a sole surviving son.    

2.  The trail by court-martial was warranted by the gravity of the offense charged. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterized the misconduct for which the applicant was convicted.   

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

_RVO___  _KAN__   _TBR___     DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC9807908/AR1999026551	
SUFFIX		
RECON		
DATE BOARDED	119990603	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	105	
2.		
3.		
4.		
5.		
6.		

SFMR-RBR - 1st End    (3 Jun 99, Docket Number AC98-079078/AR1999025551)
SUBJECT:  ABCMR Memorandum of Consideration

HQDA, ABCMR, Arlington, Virginia  22202-4508                16 June 1999 
 
TO:  US Army Review Boards Agency Support Division - St. Louis 
	ATTN:  SFMR-RBR-SL, 9700 Page Avenue, St. Louis, Missouri  	63132-5200

1.  The application submitted by the individual concerned has been denied by the Army Board for Correction of Military Records.

2.  Prior to closing out the case, please refer to any Note contained in the Determination portion of the Board's Memorandum of Consideration, and take such administrative action as may be contained therein.

Encls						Loren G. Harrell  
						Director

CF:
(  ) OMPF
(  ) SFMR