MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 September 2002                  
	DOCKET NUMBER:   AR2002069717

	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	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Donald .P. Hupman		Member	
	Mr. William D. Power 		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 be upgraded.

APPLICANT STATES:  In effect, he was young and scared when he received orders to become a door gunner in Vietnam.  He states that he is now older and more stable and realizes that what he did was wrong.  He asks for clemency and forgiveness for the mistakes of his youth.

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

The applicant entered active duty on 29 July 1971 at age 18.  He completed basic combat training and served without incident for 10 months, including 5 months in Vietnam.

The applicant's record shows that he had three periods of being absent without leave (AWOL), 2 – 31 May 1972, 23 June – 30 July 1972, and 16 – 21 August 1972.  

A copy of Headquarters, 1st Infantry Division, Special Orders 231, dated 18 August 1972, directed that the applicant would be discharged with an Undesirable Discharge on 21 August 1972.  

The applicant was discharged, in an AWOL status, under other than honorable conditions, effective 21 August 1972.  He was shown to have 10 months and 9 days of creditable service with 74 days lost due to AWOL.  He was issued an Undesirable Discharge Certificate.

On 10 February 1976, the applicant was notified that he was awarded a clemency discharge under Presidential Proclamation 4313.  He was issued a DD Form 215 (Correction to the DD Form 214) dated 18 December 1975.  He was further advised that he could apply to the Army Discharge Review Board (ADRB) for further review of his discharge.  There is no indication that the applicant applied to the ADRB.

Presidential Proclamation 4313 was issued by President Ford on 16 September 1974.  It identified three categories of persons and permitted them to apply for a clemency discharge.  Those categories were:

1) civilian fugitives who were draft evaders,
2) members of the military who were still AWOL, and
3) former military members who had been discharged for desertion, AWOL or missing movement.  

It provided for the issuance of a clemency discharge to certain former soldiers who voluntarily entered into and completed an alternate restitution program specifically designed for former soldiers who received a less than honorable discharge for AWOL related incidents between August 1964 and March 1973.  

Upon successful completion of the alternate service, the President of the United States would grant former members a clemency discharge, thus restoring his or her affected civil rights.  The clemency discharge did not affect the underlying discharge and did not entitle the individual to any benefits administered by the Veterans Administration.  Soldiers who were AWOL entered the program by returning to military control and accepting a discharge in lieu of trial by court-martial.

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 Board can appreciate the concern that the applicant had for his safety.  His admission of fear speaks well of maturity.  However, AWOL is a serious offense in any environment for which there can be adverse consequences.  

2.  The applicant provides no documentation of any post-service activities that are so exceptionally meritorious as to outweigh the offense that resulted in his discharge.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JNS___  __DPH__  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069717	
SUFFIX		
RECON		
DATE BOARDED	20020912	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.9901	
2.		
3.		
4.		
5.		
6.