MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 June 2000
	DOCKET NUMBER:   AR2000036961

	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. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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 her undesirable discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That she was a participant in the Amnesty Program and could not complete the community service that was necessary to get her discharge upgraded.  She states that she was pregnant and her 4-year old son was beginning his first of 130 surgeries that he needed to correct his multiple birth defects.  She goes on to state that she went AWOL because, under today’s military environment, sexual harassment by a superior who has been identified as a lesbian would not be tolerated.  She continues by stating that she knows what she did was wrong; however, she saw no other way out of what was being done to her.  She concludes by stating that since she was discharged she has been an upstanding part of society and that she has participated in several volunteer programs.

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

On 16 February 1968, she enlisted in the Army for 3 years in the pay grade of 
E-1 and she successfully completed her training as a medical corpsman.  Upon completion of her training she was transferred to Fort Devens, Massachusetts.  She was promoted to the pay grade of E-2 on 5 June 1968 and to the pay grade of E-3 on 12 September 1968.  She was honorably discharged for the purpose of immediate reenlistment on 16 December 1968.  Accordingly, on 17 December 1968, she reenlisted in the Army for 4 years.

The applicant went AWOL on 13 March 1969 and she remained absent until she was apprehended by civil authorities on 16 September 1974.  She was held in custody at the Kennebunk County Jail in Augusta, Maine.

A review of the records shows that on 17 September 1974 the applicant contacted the commander at Fort Devens and requested that she be afforded the opportunity to participate in the program established by Presidential Proclamation (PP) 4313.  On the same date, a letter was sent to the applicant from the commander informing her that she was eligible to participate in the PP program 4313 and she was directed to proceed and report to Fort Benjamin Harrison, Indiana on or about 27 September 1974.  She was told that upon reporting to Fort Benjamin Harrison, she would be given an opportunity to request a discharge for the good of the service in accordance with existing Department of Defense regulations.  She was also told that she would be provided an opportunity to reaffirm her allegiance to her country, and to pledge to perform alternative service for a period not to exceed 24 months.  She was further told that she would be provided an opportunity to provide statements and affidavits regarding her employment or conduct in the community during the time of absence which would be taken into account in determining her period of alternate service.  
On 8 October 1974, the applicant submitted a request to be discharged for the good of the service pursuant to the provisions of PP 4313.  Accordingly, she was discharged on the aforementioned date, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service pursuant to PP 4313.  She also reaffirmed her allegiance to the United States and pledged to complete alternate service.  She submitted a statement to the alternate service board indicating that the reason she went AWOL was because the morals of the company that she was assigned to were disturbing and upsetting.  She stated that she could not express her feeling to her superiors and that she wanted to get married and her husband was a civilian.  The alternate service reviewed her statement and determined that she would be required to serve 23 months of alternate service.    She had completed 10 months and 1 day of total active service.  She had 2,026 days of lost time due to AWOL and she was issued an Undesirable Discharge Certificate.

On 13 May 1975, the Reconciliation Service Division Manager contacted the Commander, Army Reserve Personnel Center to advise that the Director had terminated the applicant from enrollment in the program because she failed to complete her required period of alternate service.  He indicated that the applicant wrote a letter declining to participate because of her family responsibilities.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of her discharge within that board’s 15-year statute of limitations.

Presidential Proclamation 4313 was issued by President Ford and affected three groups of individuals.  These groups were: (1) Fugitives from justice who were draft evaders; (2) Members of the Armed Forces who were in an unauthorized absence status; and (3) prior members of the Armed Forces who had been discharged with a punitive or undesirable discharge for violation of Articles 85, 86, or 87 of the UCMJ.  The individuals who were absent from the Armed Forces were afforded an opportunity to return to military control and elect either an Undesirable Discharge under PP 4313 or to stand trial for their offenses and take whatever punishment resulted.  For those who elect 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 the individuals completed the service satisfactorily, they would be entitled to receive a Clemency Discharge.  The third group could apply to the Presidential Clemency board which was made of individuals appointed by the President (members were civilians, retired military and members of the Reserve Components) who would make a similar determination regarding the performance of alternate service.  Both the Joint Board and Presidential Board 

were authorized to award a Clemency Discharge with the performance of alternate service (excusal from alternate service).  In practice, the Joint Board did not take such action while the Presidential Board did in many cases.  The dates of eligibility for consideration under PP 4313 for those already discharged from the military service were 4 August 1964 to 28 March 1973 inclusive.  Alternate Service was to be performed under the supervision of the Selective Service System.  The individual was responsible for finding a job that met the requirements of the program.  He would obtain the approval of his state Selective Service officials regarding the job and reports would be furnished periodically as to how he was performing.  When the period of alternate service was completed satisfactorily, the Selective Service System notified the individual’s former military service.  The military service issued the actual Clemency Discharge.  The Clemency Discharge did not effect the underlying discharge and did not entitle the individual to any benefits administered by the Veterans Administration.

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 actions by the Army in this case were correct and there is no doubt to be resolved in favor of the applicant.

2.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  Her contentions and her post-service conduct have been noted by the Board; however, they are unsupported by the evidence of record.  The records clearly show that at the time she submitted her statement to the alternate service board she indicated that the reason she went AWOL was because the morals of the company that she was assigned to were disturbing and upsetting.  She stated that she could not express her feeling to her superiors and that she wanted to get married and her husband was a civilian.  There is no evidence of record that shows that she was being sexual harassed by a superior who has been identified as a lesbian.

3.  She was afforded the opportunity to complete alternate service and declined participation in the program because of her family responsibilities.  She had 2,026 days of lost time due to AWOL and she was appropriately issued an Undesirable Discharge Certificate.

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 the aforementioned requirement.

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

___wtm__  __mdm __  ___clg __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036961	
SUFFIX		
RECON		
DATE BOARDED	2000/06/27	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1974/10/08	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	689	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  651	144.6300/A63.00/extended AWOL	
2.		
3.		
4.		
5.		
6.