MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 June 2003
	DOCKET NUMBER:   AR2002083441

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Marla J. Troup		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:  That he was young and that he exercised poor judgment by going absent without leave (AWOL).

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 his Report of Transfer or Discharge (DD Form 214).

On 23 April 1958, he enlisted in the Army at age 17, in the pay grade of E-1.  He successfully completed his training in basic field artillery.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The DD Form 214 indicates that the applicant was discharged on 21 November 1958, under the provisions of Army Regulation 635-208, for unfitness.  He had completed 1 year, 4 months and 19 days of total active service and he had 71 days of lost time.  He was issued an Undesirable Discharge Certificate. 

There is no available evidence that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of this discharge within that board’s 15-year statute of limitations.

Army Regulation 635-208, then in effect, set forth the policy and procedures for separation of enlisted personnel by reason of unfitness for those individuals involved in frequent incidents of a discreditable nature with military or civilian authorities.  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 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.

2.  The Board has noted the applicant’s contentions; however, his contention that he was young and immature at the time is not sufficiently mitigating to warrant the relief requested.

3.  In the absence of evidence to the contrary, it is reasonable to presume that what the Army did in his case was correct.

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

__fe ____  ___hof __  __mt____  DENY APPLICATION

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

INDEX

CASE ID	AR2002083441	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/06/17	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19581121	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	583	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  583	144.5000	
2.		
3.		
4.		
5.		
6.