PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  22 June 2000
	DOCKET NUMBER:   AR1999026366

	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.  

	Mr. Carl W. S. Chun
Mr. Paul A. Petty		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Arthur A. Omartian		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his undesirable discharge under conditions other than honorable be upgraded to a general discharge under honorable conditions.

3.  The applicant states, in effect, that he served an honorable tour in Vietnam and that under the Presidential Vietnam Clemency program and the related Special Discharge Review Program (SDRP), he should receive a general discharge.  He states that he did not know about the SDRP until recently.

4.  The applicant’s military records show that he was drafted into the Army on 
16 September 1966.  After completing training at Fort Jackson and Fort Bliss, he was assigned as a rifleman in an infantry unit in Vietnam on 8 February 1967.  He served an honorable tour in Vietnam and was reassigned to Fort Campbell, Kentucky, on 19 March 1968.  Between 13 July 1968 and 17 February 1970, the applicant was AWOL on 4 occasions for a total of 359 days and confined 3 times for a total of 118 days.  On 4 March 1970, he was presented with court-martial charges for his last AWOL.  He requested discharge in lieu of court-martial for the good of the service which was granted on 19 March 1970 with an undesirable discharge and reduction to E-1.  He was so discharged on 19 March 1970.  During his service in Vietnam, he achieved the grade of E-4, and was awarded the Combat Infantryman Badge, the Vietnam Service Medal, and the Vietnam Campaign Medal with one bronze star.  He also earned the Marksman Marksmanship Badge.

5.  By Presidential Proclamation 4313, 16 September 1974, clemency was offered to military deserters who were absent without authority (AWOL) between 4 August 1964 and 28 March 1973.  After return to military control and satisfying an alternate service and other charges if any, a clemency discharge would be granted.  The clemency discharge was neutral, carried no characterization of service, and did not authorize any entitlements of benefits administered by the Veterans Administration.

6.  On 19 January 1977, the President directed an extension to Proclamation 4313 requiring a review of the discharges of former service members who were discharged under the clemency program between 4 August 1964 and 28 March 1973 and received a clemency discharge.  The extension mandated the upgrade of the clemency discharge to a general discharge under honorable conditions unless there was reason to the contrary.  The Department of Defense Special Discharge Review Program (SDRP) was implemented 5 April 1977 to carry out this direction.  The review was conducted by the Army Discharge Review Board (ADRB) for Army service members.  Discharge upgrade was considered based on DOD directed criteria which included being wounded in combat in Vietnam, receiving a military decoration other than a service medal, successful completion of a normal tour in Southeast Asia, receiving an honorable discharge from a previous tour of service, and for certain other criteria.  The soldiers’ overall conduct and performance determined the level of discharge granted.

7.  On 8 October 1977, Public Law (PL) 95-126 was passed which denied veterans benefits to service members absent without authority (AWOL) for 
180 consecutive days or more during the Vietnam era, 4 August 1964 to 
28 March 1973, who were classified as deserters or who were classified as conscientious objectors regardless of discharge upgrade under previous programs.  DOD was required to establish historically consistent, uniform standards by which to grant discharge upgrades.  DOD was also required to review all discharges previously upgraded under the 5 April 1977 Department of Defense Special Discharge Review Program (SDRP), and certain other programs, utilizing these uniform standards to confirm or deny the previous upgrades.  If these discharges were not affirmed or upgraded by the Army Board for Correction of Military Records under historically consistent uniform standards (current standards), the service member was allowed to retain the upgraded discharge but was not entitled to certain benefits under the laws administered by the Veteran’s Administration.

CONCLUSIONS:

1.  Under the Presidential Proclamation 4313 and the Special Discharge Review Program, the applicant is eligible for upgrade of his discharge to a general discharge by virtue of his honorable service in Vietnam.

2.  However, under historically consistent uniform standards (current standards) as established under Public Law 95-126, in view of the applicant’s numerous and lengthy periods of AWOL and confinement, this Board cannot affirm the discharge upgrade to authorize benefits under the laws administered by the Veteran’s Administration.

3.  It was also noted that the applicant’s CIB and marksmanship badge were not listed on his discharge.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

a.  issuing him a general discharge for the period of service 16 September 1966 to 19 March 1970 under the SDRP but showing that this general discharge was not affirmed under PL 95-126; and

b.  correcting his discharge to show that he was awarded the CIB and the Marksman Marksmanship Badge.

BOARD VOTE:  

__LS___  __RA____  ___AO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR1999026366	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000622	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 635-200, Chapter 10	
DISCHARGE REASON	In Lieu of Court-Martial 	
BOARD DECISION	GRANT GD	
REVIEW AUTHORITY		
ISSUES         1.  110.02	Reason and Authority	
2.		
3.		
4.		
5.		
6.