MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 October 2002                  
	DOCKET NUMBER:   AR2002074761

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Karen A. Heinz		Member	
	Ms. Barbara J. Ellis		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.

APPLICANT STATES:  In effect, that he completed his 3-year enlistment and that his combat service in Korea warrants the requested relief.  

He also states that he has been an ordained minister for 22 years.  This is accepted as an implied contention that his post-service behavior and conduct warrant the requested relief.

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.  The only available records are those associated with the proceedings of a board of officers and the medical history he provided for his separation medical examination.  These appear to have been in the custody of the [then] Veterans Administration at the time of the fire.

The applicant enlisted for 3 years and entered active duty on 23 November 1948. He served in Korea for 11 months and was awarded the Combat Infantryman Badge, the Purple Heart and the Korean Service Medal with five bronze service stars.  Following his service in Korea, he received three special court-martial convictions for three periods of absence without leave (AWOL) totaling 347 days. 

On 5 February 1954, the applicant appeared, with counsel, before a board of officers and elected to present nothing in his own behalf.  The members of the board considered the applicant's entire record including his combat service and his awards and the fact that he had no other record of indiscipline other than the AWOLs.  The board members found that his record evidenced habits that rendered his retention in the service undesirable.  They recommended that he be separated with an undesirable discharge due to unfitness.  The officer exercising general court-martial jurisdiction approved the findings and recommendation.

On 19 February 1954 the applicant was separated with an undesirable discharge under the provisions of Army Regulation 615-308.  In 5 years, 2 months and 26 days he had accumulated 3 years and 18 days of creditable service and 633 days lost time due to AWOL and confinement.

Army Regulation 615-368, then in effect, set forth the policy and procedures for separation of enlisted personnel for unfitness.  Unfitness included, in addition to misconduct and repeated petty offenses, habits and traits of character 
manifested by antisocial or amoral trends, and habitual shirking.  Action to separate an individual was to be taken when, in the judgment of the commander, rehabilitation was unsuccessful, impractical or was unlikely to produce a satisfactory soldier.  When separation for unfitness was warranted, 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.  The applicant's record of combat service as evidenced by his awards, including the Combat Infantryman Badge, the Purple Heart and the Korean Service Medal with five bronze service stars and the fact that he actually accumulated 3 years and 18 days of creditable service have been noted.  However this Board concludes that these factors do not outweigh his record of indiscipline, which included three court-martial convictions, 347 days of AWOL and a total of 633 days lost time.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  The applicant's implied claim of good post-service conduct and behavior has been noted,  but this unsubstantiated assertion does not demonstrate that the requested relief is warranted.

4.  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.

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

__RVO__  __KAH__  __BJE___  DENY APPLICATION

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

INDEX

CASE ID	AR2002074761	
SUFFIX		
RECON		
DATE BOARDED	20021024	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19540219	
DISCHARGE AUTHORITY	AR635-368 .  .  .  .  .  	
DISCHARGE REASON	A50.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A72.07	
2.	A92.21	
3.		
4.		
5.		
6.