RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 February 2008
      DOCKET NUMBER:  AR20070016585


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. John G. Heck                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his earlier
petition to upgrade his undesirable discharge (UD).

2.  The applicant states, in effect, through a Congressional Inquiry, that
he is trying to find out why the Army cannot find out that they reinstated
him to be retested in 1962, for return to the Army, which he has been
trying to do for
40 years.  He states he was retested in Dothan, Alabama, in 1962.

3.  A Congressional Inquiry with associated documents are submitted in
support of this reconsideration request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20070002929, on 14 August 2007.

2.  During its original review of the case, the Board concluded the
applicant's discharge was proper and equitable and that the
characterization of his service was commensurate with his overall record of
service.

3.  The applicant provides, as new argument, that he was retested by the
Army for reentry into the Army at Dothan, Alabama, in 1962.

4.  The applicant's record shows that he was inducted into the Army and
entered active duty on 2 August 1954.  He was trained in and awarded
military occupational specialty (MOS) 640.00 (Light Vehicle Driver).

5.  On 23 February 1956, the applicant was honorably discharged for the
purpose of enlistment in the Regular Army (RA), and on 24 February 1956, he
enlisted in the RA for 4 years.

6.  The applicant's record documents no acts of valor, significant
achievement or service warranting special recognition.  His record does
reveal a disciplinary history that includes his acceptance of non-judicial
punishment on two separate occasions and a Special Court-Martial (SPCM)
conviction.

7.  The facts and circumstances surrounding the applicant's separation
processing are not on file; however, his record includes a properly
constituted separation document (DD Form 214) that confirms he was
separated, in the rank of private/E-1, under the provisions of Army
Regulation 635-208, by reason of habits and traits of character manifested
by misconduct.  It also confirms that he received an UD, and that he
completed a total of 2 years, 11 months, and
21 days of creditable active military service and accrued 76 days of time
lost.

8.  In 1961, the Army Discharge Review Board (ADRB) denied a request from
the applicant for an upgrade of his discharge.

9.  The applicant's record contains no information regarding his retesting
for the Army in 1962, at Dothan, Alabama.  Any documents related to
enlistment/
reenlistment processing that did not result in his reentry into the Army
would not be included in his official military record and would be filed
locally under the appropriate regulations and local policy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was accepted for reinstatement by
the Army when he retested at Dothan, Alabama, in 1962, was carefully
considered.  However, any retesting, or enlistment or reenlistment
processing documents, that may have been prepared in 1962, and which did
not result in reentry into the Army would not have been included in his
official military record, and would have been filed locally based on
enlistment processing regulations and local policy in effect at the time,
and would have likely been destroyed within 3 years.

2.  The applicant's record is void of a separation packet containing the
specific facts and circumstances surrounding his separation processing.
However, it does include a properly constituted separation document that
identifies the authority and reason for his discharge, and there is a
presumption of Government regularity attached to this DD Form 214.

3.  Absent any evidence to the contrary, it is concluded that the
applicant's separation processing for misconduct was accomplished in
accordance with the regulations in effect at the time.  All requirements of
law and regulation were met and his rights were fully protected throughout
the separation process.  Finally, the applicant's discharge accurately
reflects his overall record of undistinguished service.

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 or that would support
amendment of the original Board decision in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LDS __  __LMD __  __JGH __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR20070002929, dated 14 August 2007.




                                  _____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016585                           |
|SUFFIX                  |                                        |
|RECON                   |AR20070002929-2007/08/14                |
|DATE BOARDED            |2008/02/DD                              |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |1956/02/24                              |
|DISCHARGE AUTHORITY     |AR 635-208                              |
|DISCHARGE REASON        |Misconduct                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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