MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  	   12 September 2002
	DOCKET NUMBER:   AR2002069012

	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	
	Mrs. Judy Blanchard-Miller 		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. William D. Powers		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:  In effect, that his undesirable discharge (UD) be upgraded.

APPLICANT STATES:  That he was discharged without counsel.

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

The applicant enlisted in the Regular Army on 13 March 1967, for 3 years.  He completed the required training and was awarded military occupational specialty 64A10 (Light Truck Driver).  The highest grade he achieved was pay grade E-4. 

The applicant's record indicates that he voluntarily requested an assignment to Vietnam.  He served in Vietnam from 17 August 1967 to 14 August 1968.   

On 15 January 1969, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) from 30 December 1968 to 7 January 1969.  His imposed punishment was a reduction to pay grade E-3 (suspended for 60 days), a forfeiture of $35.00 pay, 14 days restriction and extra duty.  On 29 January 1969, the suspension for the reduction to pay grade E-4 was vacated. 

The applicant's record indicates that on 23 March1969 the applicant was reported for being AWOL.  He was returned to military control on 30 January 1975.  

On 31 January 1975, a physical evaluation found the applicant fit for retention.

On the same day, after consulting with legal counsel the applicant voluntarily requested a discharge, for the good of the service pursuant to the provisions of the Presidential Proclamation 4313.  The applicant acknowledged that he understood that his absence was characterized as a willful and persistent unauthorized absence for which he could be tried by court-martial for a violation of the Uniform Code of Military Justice and which could lead to the imposition of a bad conduct or dishonorable discharge.  Prior to completing the form the applicant was advised of the effects of an undesirable discharge and that he might be deprived of many or all Army and Veterans Administration benefits.  The applicant acknowledged that he understood that within 15 days of receipt of the Undesirable Discharge Certificate, he must report to his State Director of Selective Service to arrange for performance of an alternate service.  He further acknowledged that he understood that satisfactory completion of such alternate service would be acknowledged by an issuance of a Clemency Discharge Certificate.  The applicant acknowledged that such certificate would not alter his ineligibility for benefits predicated upon his military service.  The applicant reaffirmed his allegiance to the United States of America and pledged to complete 12 months of alternate service. 
On 31 January 1975, the applicant was discharged, in pay grade E-1, under President Proclamation 4313, for the good of service with a UD.  He had completed 2 years and 12 days of creditable active service with 1,777 days lost after normal expiration term of service.  

Presidential Proclamation 4313, (PP 4313) issued by President Ford and affects 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 Article 85, 86 or 87 of the UCMJ.  The individuals in the first group, since they were purely civilian, are of no interest insofar as a discharge review is concerned. 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 stand trial for their offenses and take whatever punishment resulted.  For those who elected 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 Veterans Administration.

On 9 October 1975, the applicant was terminated from the Reconciliation Service Program.  The applicant was terminated because he did not complete the required period of alternate service. 

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 this requirement.

2.  The applicant's voluntary request for separation under the Presidential Proclamation 4313, was administratively correct and in conformance with applicable regulations.  The applicant’s record shows that, he would have received a clemency discharge, if he had completed the requirements for alternate service.

3.  The contentions of the applicant have been noted by the Board.  However, they are not supported by either evidence submitted with the application or the evidence of record.  The discharge process was in accordance with applicable law and regulations and in view of the applicant's length of AWOL time; it does not appear that his UD was too severe.

4.  Therefore the type of discharge directed and the reasons were appropriate considering all the facts of the case.

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

__JNS__  __DPH___  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069012	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/12	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	1975/01/31	
DISCHARGE AUTHORITY	AR635-200, PP4313  .  .  .  .  .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	( DENY)	
REVIEW AUTHORITY		
ISSUES         1.1447000		
2.		
3.		
4.		
5.		
6.