MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                          19 September 2000
	DOCKET NUMBER:                 AR2000043584

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P Infante		Member	
	Ms. Regan K. Smith		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 undesirable discharge be upgraded to honorable.

APPLICANT STATES:  That his discharge was too harsh considering the nature of the offense.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted in the USAR on 28 April 1965 for a period of 6 years.  He was ordered to active duty for training (ADT) on 21 June 1965 and was released from ADT on 20 December 1965.  

He was involuntarily ordered to active duty on 19 June 1968.

On 10 September 1968, the applicant went AWOL and remained in that status until he was returned to military control on 21 October 1974.

The applicant underwent a separation medical examination on 22 October 1974 and was found qualified for separation.

On 22 October 1974, the applicant submitted a request for discharge for the good of the service pursuant to the provisions of Presidential Proclamation 4313, dated 16 September 1974.  He also acknowledged that he was making the request of his own free will and that he understood that he would receive an Undesirable Discharge Certificate and understood the consequences of such a discharge.

He also initiated a reaffirmation of allegiance to the United States and pledged to complete faithfully a period of 20 months of alternate service in order to receive a Clemency Discharge Certificate.  He further acknowledge that he understood that satisfactory completion of the alternate service would be acknowledged by the issuance of a Clemency Discharge Certificate, but that certificate would not alter his ineligibility for any benefits predicated by his military service.

The applicant was discharged under other than honorable conditions on 22 October 1974, pursuant to Presidential Proclamation 4313 and issued an
Undesirable Discharge Certificate.  He had served 8 months and 23 days of creditable service and had 1,582 days of lost time due to AWOL.  He was enrolled in the Reconciliation Service Program to complete his 20 months of alternate service.

On 2 May 1975, he was disenrolled from the Reconciliation Service Program for failure to complete his required period of alternate service.  The decision to terminate the applicant from active enrollment was due to his noncooperative efforts to be placed on an approval job, failure to report for scheduled interviews and his refusal to accept official correspondence.
There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

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 deserters 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 was issued a clemency discharge.  The clemency discharge did not affect the individual’s underlying discharge, and did not entitle him to any VA benefits.  Rather, it restored federal and, in most instances, state civil 
rights 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 undesirable characterization of service, would be retained.

Under Presidential Proclamation 4313, the applicant agreed to perform
20 months of alternate service and consequently be issued a Clemency Discharge Certificate.  He was dismissed from the program for failure to complete his required period of alternate service and was unable to obtain a Clemency Discharge Certificate.

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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant’s overall record of military service.

2.  The Board noted the applicant’s contention that his discharge was too
harsh; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contention.  The Board also noted that the applicant had 1,582 days of AWOL, was administratively separated from the service under the provisions of Presidential Proclamation 4313 and did not successfully complete the alternate service required to be issued a Clemency Discharge Certificate.  The applicant’s overall record of service is too undistinguished to warrant an upgrade of his discharge to honorable.

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 this 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:

HOF____  JPI_____  RKS_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000043584	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	200000919	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19741022	
DISCHARGE AUTHORITY	AR2000043584	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.