MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 July 2001                   
	DOCKET NUMBER:   AR2001057339

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell		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 discharge be upgraded.

APPLICANT STATES:  That he was to be discharged from Fitzsimons Army Hospital, CO, but he was sent instead to Fort Carson, CO.  The medical discharge was to be given to him there but they shipped him out to Fort Sheridan, IL.  Fort Sheridan did not want a handicapped man.  He had a lot of problems there.  He provides no supporting evidence.

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

The applicant was initially inducted into the Army on 8 February 1946 and was separated on 5 May 1947 under the provisions of Army Regulation 615-369 (Inaptitude or Unsuitability).  

The applicant enlisted in the Regular Army on 15 January 1952 (under his current name but different from that used during his initial service) and was honorably discharged on 24 February 1953.  He reenlisted in the Regular Army on 28 February 1956 (under the same name he used for his 1952 enlistment and the name he currently uses).

Several morning reports between March and May 1957, when the applicant was in the Far East (Korea and Japan), are available which show that the applicant’s duty status was at various times duty to sick; sick Evacuation Hospital; sick Camp Zama Army Hospital; or released from attached to Medical Holding Detachment.

The applicant was discharged with an other than honorable discharge on          11 August 1959 under the provisions of Army Regulation 635-208, separation program number 28F (an established pattern for showing dishonorable failure to pay just debts.)

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following:  frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts.

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 this requirement and, 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.

2.  The Board notes that there is evidence of record to show the applicant was in a Medical Holding Detachment in 1957.  There is no evidence of record, however, and the applicant provides none to show that he had any type of medical problems at the time he was discharged in 1959.

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

__wtm___  __aao___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057339	
SUFFIX		
RECON		
DATE BOARDED	20010731	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19590811	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	A50.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.