MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 April 2003
	DOCKET NUMBER:   AR2002079974

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Bernard P. Ingold		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 general discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that he was ill before he was inducted and did not get medical attention soon enough, which resulted in his getting pneumonia.  He goes on to state that he believes that his discharge was unjust because he believes his service was honorable.

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, information obtained from alternate sources show:

He was inducted in San Francisco, California, on 20 February 1953.  It appears that he was initially transferred to Fort Ord, California, and then to the basic training group at the Southwestern Signal Corps Training Center at Camp San Luis Obispo, California.

On 7 July 1953, he was admitted to the hospital and diagnosed with psychoneurotic disorders, phobia reactions, which existed prior to entry on active military service.

On 9 July 1953, the applicant appeared before a board of officers to determine whether he gave evidence of inaptness or unsuitability that rendered his retention in the service as undesirable. 

The facts and circumstances surrounding his discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (DD Form 214) which shows that the board of officers approved his separation from the service on 10 July 1953, under the provisions of Army Regulation 615-369, for unsuitability, based on a demonstrated lack of adaptability for military service because of a character and behavior disorder.

On 14 July 1953, he was discharged under honorable conditions under the provisions of Army Regulation 615-369, for unsuitability.  He had served 4 months and 25 days of total active service.

There is no indication in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

Army Regulation 615-369, in effect at the time, provided guidance for the separation of enlisted personnel for unsuitability based on a demonstrated lack of adaptability for military service because of a character and behavior disorder.  The individual could receive an honorable or general discharge when discharge was recommended.
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 the absence of evidence to the contrary, it must be presumed that the applicant's administrative separation on 14 July 1953 was accomplished in accordance with regulations then in effect, and that his service was properly characterized.

2.  Inasmuch as the regulation in effect required either an honorable or general discharge, the Board must also presume that there was a basis for the applicant receiving a general discharge instead of a fully honorable discharge.  Therefore, absent evidence to the contrary, the Board finds no basis to change the discharge 50 years after the fact.

3.  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.

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

__js_____  __bpi ___  ___tl____  DENY APPLICATION

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

INDEX

CASE ID	AR2002079974	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/29	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1953/07/14	
DISCHARGE AUTHORITY	AR615-369 	
DISCHARGE REASON	UNSUIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  547	144.4000/A40.00	
2.		
3.		
4.		
5.		
6.