MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 November 1999                   
	DOCKET NUMBER:   AR1999027666

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Lester Echols		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 (UOTHC) be upgraded to a general discharge under honorable conditions.

APPLICANT STATES:  That he was 17 years old when he enlisted.  He was introduced to drugs while in basic training.  By time he reached his first assignment drugs were a severe problem and he went absent without leave (AWOL).  He turned himself in to his father, who was a retired war hero, who took him to Fort Bragg, NC.  He lived in the shadow of his father.  He completed alternate service and was given a Clemency Discharge.  He provides three character references as supporting evidence.

COUNSEL CONTENDS:  That the applicant is requesting that his discharge be upgraded based on clemency.  He submits several statements indicating he has been a law abiding and contributing member of society since his discharge.

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

He was born on 27 August 1954.   He enlisted in the Regular Army on               19 September 1971.  He completed basic training and advanced individual training and was awarded military occupational specialty 11E (Armor Crewman).

Between November 1972 and June 1973, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice on three occasions for AWOL and for speeding.

On an unknown date, a mental status examination was completed on the applicant.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right, and to have the mental capacity to understand and participate in board proceedings.

On 10 October 1973, the applicant completed a separation physical examination and was found qualified for separation.  He noted on his Report of Medical History that he was in good health and made no mention of any kind of a drug problem.

On 25 October 1973, the applicant was convicted by a summary court-martial of being AWOL for the period 14 June – 28 September 1973.  He was sentenced to be reduced to pay grade E-1, to forfeit $242.00 for one month and to hard labor for 45 days.

On 15 November 1973, action was initiated to separate the applicant under the provisions of Army Regulation 635-200, Chapter 13 for unfitness.

The applicant acknowledged receipt of the separation action, was advised by counsel, waived consideration of his case by a board of officers, waived personal appearance before such a board, and waived representation by counsel.  He submitted no statement in his own behalf.

On 11 December 1973, the appropriate authority approved the recommendation, waived the requirement for a rehabilitative transfer, and directed the applicant be furnished an Undesirable Discharge Certificate.

On 19 December 1973, the applicant was discharged, in pay grade E-1, with a discharge UOTHC, under the provisions of Army Regulation 635-200, Chapter  13 for unfitness.  He had completed 1 year, 9 months and 16 days of creditable active service and had 185 days of lost time.

The applicant was apparently offered the opportunity to perform alternate service.  On 26 January 1976, he was issued a Clemency Discharge.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13, then in effect, contained the policy and outlined the procedures for separating individuals for unfitness when they were involved in frequent incidents of a discreditable nature with civil or military authorities and it was established that further efforts at rehabilitation were unlikely to succeed or they are not amenable to rehabilitation measures.

Presidential Proclamation 4313, dated 16 September 1974, was issued by President Ford allowing service personnel then in an AWOL/deserter status, or those discharged with a punitive or undesirable discharge between 4 August 1964 and 28 March 1973 for unauthorized absence, to obtain a clemency discharge.  A Joint Alternate Service Board composed of military personnel would establish a period of alternate service of not more than 24 months that the individuals would perform.  If they completed the alternate service satisfactorily, they would be entitled to receive a Clemency Discharge.  The Clemency Discharge did not affect the underlying discharge and did not entitle the individual to any benefits administered by the VA.  The award of a Clemency Discharge could be considered by this Board, but the discharge per se did not require relief be granted.

On 8 August 1977, the Army Discharge Review Board (ADRB) denied the applicant’s request to upgrade his discharge.

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 the aforementioned requirement.

2.  The Board notes the applicant’s young age at the time he enlisted.  However, he had over a year’s experience in the Army at the time elimination action was initiated.  He contends he had a drug problem but he had an opportunity to submit a statement in his own behalf or to have his case considered by a board of officers and plead that his drug problem contributed to his AWOL.  He did not do so.  In addition, he made no mention of a drug problem on his Report of Medical History.

3.  This Board has taken cognizance of the applicant’s Clemency Discharge and his claim of good post-service conduct, but those factors do not warrant the relief requested.

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

__rvo___  __rgh___  ___le___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027666	
SUFFIX		
RECON		
DATE BOARDED	19991124	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19731219	
DISCHARGE AUTHORITY	AR 635-200, Ch 13 	
DISCHARGE REASON	A50.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.