MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           03 March 1999                   
	DOCKET NUMBER:   AC98-12468
                                              AR1998014239

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Gary C. Miller		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 discharge under other than honorable conditions be upgraded to honorable. 

APPLICANT STATES:  That he completed 7 months of alternate service under the provisions of Presidential Proclamation 4313 and has not received an upgrade of his discharge to fully honorable. 

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

The applicant enlisted in the Army on 16 October 1962 for a period of 3 years and through reenlistments remained on active duty until 5 November 1974.  His awards include the Combat Infantryman Badge, the Army Commendation Medal, the Good Conduct Medal, the Vietnam Service Medal, and the National Defense Service Medal.  His highest rank attained was staff sergeant (E-6).  He completed only 7 months and 22 days of his last enlistment.

He served in Germany, Fort Knox, Kentucky, Fort Hood, Texas, and Vietnam.  The applicant was assigned to Vietnam on 11 September 1970.  While assigned to Vietnam the applicant went AWOL on 4 March 1971.  Before returning to military control the applicant requested participation in the Presidential Proclamation 4313 program in which he would be given an opportunity to request a discharge for the good of the service, reaffirm his allegiance to his country, and pledge to perform alternate service for a period not to exceed 24 months.  In return for satisfactory completion of alternate service, he would receive a Clemency Discharge Certificate.

On 5 November 1974 the applicant returned to military control at the Joint Processing Center, Fort Benjamin, Harrison, Indiana. 

After consulting with counsel he voluntarily submitted a request to be discharged for the good of the service pursuant to the provisions of Presidential Proclamation 4313.  In submitting his request for discharge for the good of the service, the applicant acknowledged that within 15 days of the date of receipt of his undesirable discharge certificate, he would report to his State Director of Selective Service to arrange for performance of alternate service.  Also, he acknowledged that satisfactory completion of such alternate service would be acknowledged by issuance of a clemency discharge.

He was discharged from the Army by reason of willful and persistent unauthorized absence pursuant to Presidential Proclamation 4313.  He received an undesirable discharge.  He had served 7 years, 1 month, and 2 days of total active service and had 1305 days of lost time due to AWOL.  

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his undesirable discharge.
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 restitution program specifically designed for former soldiers who received less than an honorable discharge for
AWOL-related incidents between August 1964 and March 1973.  Upon successful completion of the alternate service, former members would be granted a “clemency” discharge by the President of the United States, thus restoring his or her affected civil rights.  However, the clemency discharge did not affect the underlying discharge and did not entitle the individual to any benefits administered by the Veterans Administration.  Soldiers who were AWOL entered the program by returning to military control and accepting a discharge in lieu of trial by court-martial.

The Clemency Discharge is a neutral discharge, issued neither under “honorable conditions” nor under “other than honorable conditions.”  It is to be considered as ranking between an undesirable discharge and a general discharge.  The Clemency Discharge, like a Presidential pardon, is an expression by the Chief Executive that the stigma of a bad record has been removed, and that the bearer of a Clemency Discharge should no longer be discriminated against in his future consideration.

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.  The applicant’s voluntary request for separation under the provisions of Presidential Proclamation 4313, for the good of the service, to avoid trial by court-martial, was accomplished in accordance with the provisions of that program.

2.  The Board notes that in submitting his request to be discharged for the good of the service the applicant acknowledged that within 15 days of the date of receipt of his undesirable discharge certificate, he would report to his State Director of Selective Service to arrange for performance of alternate service, and that satisfactory completion of such alternate would be acknowledged by issuance of a clemency discharge.

3.  There is no evidence that the applicant performed the required 7 months of alternate service.  Even if he did, completion of alternate service did not provide for the automatic issuance of an Honorable Discharge Certificate.

4.  After considering his overall record of service without regard to the Presidential Proclamation 4313 program, the Board found no basis for upgrading his discharge, considering his record of extended AWOL during his last period
of service.
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

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12468/1998014239	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990303	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1974/11/05	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1.	67.16	
2.		
3.		
4.		
5.		
6.