MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 June 2002
	DOCKET NUMBER:   AR2002069463

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Regan K. Smith		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 the undesirable discharge (UD) of her deceased spouse, a former service member (FSM), be changed to honorable.

APPLICANT STATES:  In effect, that the FSM served his country and voluntarily returned to the Army on his own.  She states that it is her desire to receive an upgrade to the FSM’s UD for his family and in order to receive a footstone for his grave.  In support of her application, she submits a certificate of death, an UD certificate, and an Application for the Review Of Discharge Or Dismissal From the Armed Forces Of The United States (DD Form 293), dated 14 February 1986, signed by the FSM.  

EVIDENCE OF RECORD:  The FSM’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

The available evidence includes a properly constituted separation document 
(DD Form 214) that contains the authority and reason for discharge.  This document was issued to and authenticated by the FSM with his signature on the date of his separation, 28 December 1955.  

The DD Form 214 confirms that the applicant served on active duty from 
24 November 1950 through 28 December 1955.  It also shows that on the date of his separation, he held the rank of private/E-1 (PV1), and that during his active duty tenure he earned the National Defense Service Medal and Combat Infantryman Badge.  

The specific facts and circumstances surrounding the FSM’s administrative separation from the Army were not available to the Board.  However, the separation document confirms that he was discharged under the provisions of Army Regulation 615-368, by reason of unfit habits and traits of character that rendered retention in service undesirable, and that he received an UD.  It also shows that on the date of his discharge, he had completed a total of 1 year, 
9 months and 6 days of creditable active military service, and had accrued 
1222 days of time lost.

There is no evidence that the Army Discharge Review Board received the FSM’s request for an upgrade to his discharge within its 15-year statute of limitations.

Army Regulation 615-368, then in effect, set forth the basic authority for the separation of enlisted personnel for unfitness.  It stated, in pertinent part, that soldiers could be separated for habits or traits of character that included incidents of misconduct or a recommendation by medical authorities indicating that the member possessed an antisocial personality.  An UD 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.  The Board notes the applicant’s contention that upgrading the FSM’s discharge would mean a lot to the family.  However, it finds this factor is not sufficiently mitigating to warrant the requested relief. 

2.  The FSM’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the record does contain a properly constituted DD Form 214 that was authenticated by the FSM on the date of his separation and that contains the authority and reason for his separation.  Therefore, the Board presumes government regularity in the discharge process.

3.  The evidence of records shows the FSM had accrued 1222 days of lost time due to AWOL and notwithstanding the applicant’s argument that the FSM voluntary returned to military control, the Board concludes this discreditable entry of misconduct was of such a magnitude that it prohibits an upgrade of the FSM’s discharge.  While the Board fully understands the basis for the applicant’s request, the Board is compelled to take this action in the interest of all those who face similar circumstances and who have been denied discharge upgrades.

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

     JLP          AAO           RKS       DENY APPLICATION

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

INDEX

CASE ID	AR2002069463	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19551228	
DISCHARGE AUTHORITY	AR615-368 .  .  .  .  .  	
DISCHARGE REASON	Unfitness Habits & traits	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.5000	
2.		
3.		
4.		
5.		
6.