MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  9 January 2001
	DOCKET NUMBER:  AR2000047054

	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. Mark D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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.

APPLICANT STATES:  In effect, that he is unable to obtain Veterans Administration (VA) benefits with the discharge he now holds.  He also states
that information pertaining to another individual with the same last name was located in his files and that this information prevented him from receiving his finances and benefits.  He further states that he had to go to finance to receive his pay.

EVIDENCE OF RECORD:  The applicant's military records show he was inducted on 18 November 1971.  He successfully completed basic and advanced individual training as a tactical wire operations specialist and was placed in a casual status with an ultimate assignment to Korea.  

The applicant failed to report to Korea and commenced a period of AWOL on 
17 April 1972 and remained AWOL until he was returned to military control on 12 January 1975 at Fort Harrison, Indiana.  

The applicant underwent a separation medical examination on 14 January 1975
and was found qualified for separation.

On 15 January 1975, 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 24 months of alternate service in order to receive a Clemency Discharge Certificate.  He further acknowledged 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 15 January 1975, pursuant to Presidential Proclamation 4313 and issued an
Undesirable Discharge Certificate.  He had served 6 months and 2 days of creditable service and 576 days of lost time due to AWOL prior to his scheduled expiration term of service (ETS) and 419 days of lost time due to AWOL and confinement subsequent to his normal ETS.

He was enrolled in the Reconciliation Service Program to complete his 
24 months of alternate service.

On 30 June 1976, 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 departure from an approved job without authorization and his non-cooperation with additional efforts to place him on another approved job.  

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 18 April 1979.  The ADRB determined that his discharge was proper and denied his request on 22 December 1980.

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
24 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 notes the applicant’s contention that he is unable to obtain VA
benefits with the discharge he now holds; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contention.  The Board also notes that the applicant had a total of 995 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.  The Board also notes the applicant’s contention that information pertaining to another individual with the same last name was located in his files and that this information prevented him from receiving his finances and benefits.  However, there is no evidence in the available records, and the applicant has provided no evidence, to support this contention.

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 this 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

__mm___  __ea____  ___cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047054	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010109	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19750115	
DISCHARGE AUTHORITY	AR	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.