MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 May 2003
	DOCKET NUMBER:   AR2002080635

	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. Thomas B. Redfern		Chairperson	
	Ms. Linda D. Simmons		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 undesirable discharge be upgraded to honorable.

APPLICANT STATES:  That he made a big mistake when he was in the Army that has followed him for many years.  He was young and had a chip on his shoulder and struck an officer.  He further states that he was punished for it and deserved to be, however, he had no idea of the impact the incident would have on his life.  He goes on to state that he needs an upgrade of his discharge so that he can receive veteran's medical benefits.  He also states that he has lived a good life, has stayed out of trouble, and that except for the one indiscretion, was a good soldier.  In support of his application he submits four third party letters attesting to his character.

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.  Information obtained from reconstructed records show:

He enlisted in Portland, Oregon, on 4 September 1946 for a period of 3 years.  He completed his training and was transferred to the Asian-Pacific Theater of Operations (APTO) on 10 December 1946.

He departed the APTO on 12 August 1947 and arrived in the United States on 27 August 1947, after having served 7 months and 13 days of foreign service.

The facts and circumstances surrounding his administrative discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (WD AGO Form 53-55) signed by the applicant, which shows that on 24 September 1947, he was discharged under other than honorable conditions at Fort Lawton, Washington, under the provisions of Army Regulation 615-368, for unfitness, due to undesirable habits and traits of character.  He had served 11 months and 21 days of total active service and had 30 days of lost time.  He was awarded the World War II Victory Medal and the Army of Occupation Medal (Japan).

There is no indication 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 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness.  That regulation provided for the discharge of individuals who had demonstrated their unfitness by giving evidence of habits and traits of character manifested by misconduct.  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.  In the absence of evidence to the contrary, the Board must presume that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

3.  Careful consideration has been given to the applicant’s contentions and supporting documents.  However, given the amount of lost time he amassed during a short period of service and the absence of information surrounding the lost time, the Board believes that his discharge does not warrant an upgrade.

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

___jm___  ___lds___  __tbr____  DENY APPLICATION

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

INDEX

CASE ID	AR2002080635	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/01	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1947/09/24	
DISCHARGE AUTHORITY	AR615-368	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.