MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 November 1998 
	DOCKET NUMBER:   AC98-08863

	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. Loren G. Harrell		Director	
	Ms. Joyce A. Wright		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Ellis		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 bad conduct discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that after a break in service he reenlisted as
a radio carrier repairmen and requested to be reassigned to an airborne unit.
However, he was reassigned to Fort Gordon, Georgia for his advanced individual training (AIT) and upon completion was reassigned to Fort Hood, Texas.  He also states that upon his arrival at Fort Hood, Texas, he was unfairly treated.  He further states that the nearest town was prejudiced and that African Americans were unable to reside in town.  He concluded by stating that he began to wonder what he was fighting for when he had no freedom in his own country.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted on 10 July 1959 for a period of 3 years as a light weapons
infantryman.  He continued to serve until he was honorably released from active duty on 11 May 1962 under the provisions of Army Regulation 635-205, due to early release of overseas returnees.  He was transferred to the USAR.

After a break in service, he enlisted on 20 July 1962 for a period of 3 years as a radio carrier repairman.  

He was convicted by a general court-martial on 15 February 1965 for being 
AWOL from 25 March 1963 to 23 November 1964.  His sentence consisted of
a forfeiture of all pay and allowances, a reduction to the pay grade of E-1, 
confinement at hard labor for 1 year, and a dishonorable discharge.  His sentence was adjudged on 22 January 1965 and approved on 
15 February 1965.

On 15 April 1965, the Army Court of Military Review (CMR) reassessed the sentence and affirmed only so much of the sentence as provided for a forfeiture of all pay and allowances, a reduction to the pay grade of E-1, confinement at hard labor for 9 months, vice 1 year, and a bad conduct discharge.  

On 1 June 1965 a new general court-martial order was published which reflected
the decision of the CMR.

On 14 June 1965, the applicant was discharged from the Army pursuant to the 
sentence of a general court-martial and was issued a Bad Conduct Discharge Certificate.  He had served 3 years, 6 months, and 8 days of total active service and had 822 days of lost time due to AWOL and confinement.

On 16 January 1976 the Army Reserved Personnel Center (ARPERCEN)
issued the applicant a DA Form 215 (Correction to DD Form 214, Report of
Separation from Active Duty), adding that the applicant was issued a 
DD Form 1953A (Clemency Discharge issued Pursuant to Presidential Proclamation No 4313).

Presidential Proclamation 4313, issued on 16 September 1974, provided for the issuance of a clemency discharge to certain former soldiers, who voluntarily
entered into and completed an alternate public work program specifically 
designated for former soldiers who received a less than honorable discharge for
AWOL related incidents between August 1964 and March 1973.  Under this
proclamation, eligible deserter were given the opportunity to request discharge
for the good of the service with the understanding that they would receive an
undesirable discharge.  Upon successful completion of the specified alternative
service, the deserter issued a clemency discharge.  A clemency discharge does
not restore veterans benefit; rather, it restores federal and, in most instances
state civil right which may have been denied due to the less than honorable discharge.  If a participant of the program failed to complete the period of 
alternative service the original characterization of service, undesirable, would retained.

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.  Trial by court-martial was warranted by the gravity of the offense charged.
Conviction and discharge were effected in accordance applicable law and 
regulation.

2.  The applicant’s contentions have been noted by the board.  However, he had 822 days of lot time due to AWOL and confinement.  Although, his discharge was corrected by ARPERCEN to show that he was separated from the service
under the provisions of Presidential Proclamation 4313, his overall record of service was too undistinguished to warrant an upgrade of his discharge to general.

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 the aforementioned 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

__be____  ___fe ___  __tap ___  DENY APPLICATION

						Loren G. Harrell
						Director