MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 April 2003
	DOCKET NUMBER:   AR2002080821

	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. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Patrick H. McGann		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 a general discharge.

APPLICANT STATES:  In effect, that he was court-martialed for stealing a jeep when in fact, three other soldiers were involved in it with him and they all blamed it on him.  While in the stockade serving his sentence of 6 months, a lieutenant colonel called him into the administration office and asked him if he would like to get out of the Army with a general discharge and still keep his reenlistment bonus.  He continues by stating that he saw this as an opportunity to make a clean break and start over.  He goes on to state that he believes that his discharge was inequitable because it was based on one incident over 30 months of service.  He further states that he has been a good, productive citizen who has raised a family and his children are productive citizens of the community as well.

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 from alternate sources show:

He was inducted in February 1954 and served until he was honorably discharged on 23 May 1954, for the purpose of immediate reenlistment.  He reenlisted in the Regular Army on 24 May 1954 and served until he again was honorably discharged in the rank of private first class on 16 August 1955, for the purpose of immediate reenlistment.  He again reenlisted on 17 August 1955 for a period of 6 years. 

The facts and circumstances surrounding his administrative discharge are not present in the available records.  However, the available records contain a duly constituted report of separation (DD Form 214), which shows that he was reduced to the pay grade of E-1 on 21 June 1956 and that he was discharged under other than honorable conditions on 24 August 1956, under the provisions of Army Regulation 635-208 and the proceedings of a board of officers convened at Fort Ord, California, on 3 August 1956, based on habits and traits of character that rendered him unfit for further service.  He had served 2 years, 4 months, and 7 days of total active service and 64 days of lost time due to confinement.

There is no evidence 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 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel having undesirable habits and traits of character that render then unfit for military service.  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, it must be presumed 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.  The applicant has failed to convince the Board through the evidence submitted with his application or the evidence of record that his discharge was unjust and should be upgraded.

4.  Careful consideration has been given to the applicant’s contentions of good post-service conduct.  However, this in itself is not sufficiently mitigating to warrant relief when compared to his record of undistinguished service. 

5.  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.

6.  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

__sac___  ___ra ___  ___pm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002080821	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/03	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1956/08/24	
DISCHARGE AUTHORITY	AR635-208	
DISCHARGE REASON	UNFIT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000/A51.00	
2.		
3.		
4.		
5.		
6.