MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            1 March 2000                  
	DOCKET NUMBER:    AR1999030302

	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. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John Saputo		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 a more favorable discharge.

APPLICANT STATES:  In effect, that he was young and was using alcohol, drugs, and marijuana and did not fully realize his responsibilities to the Army or himself.  He goes on to state that in addition to being immature, he also was not used to being away from home or being lonely for his family and friends.  He also states that he was and still is part of the amnesty program and that he does not believe that this matter was considered.  He requests that the Board consider his remorse and participation in the Amnesty Program in upgrading his discharge.

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

He enlisted in Houston, Texas at the age of 21 on 26 February 1971 for a period of 2 years.  He was transferred to Fort Polk, Louisiana to undergo his training.

He successfully completed his basic training and remained at Fort Polk to undergo advanced individual training (AIT) as a light weapons infantryman.  He began his AIT on 3 May 1971.

On 1 September 1971 he was convicted by a summary court-martial of being AWOL from 31 May to 17 August 1971.  He was sentenced to confinement at hard labor for 30 days and a forfeiture of pay.

He again went AWOL on 14 September 1971 and remained absent in a deserter status until he returned to military control at Fort Benjamin Harrison, Indiana on 24 February 1975 and was processed for separation at the Joint Clemency Processing Center under Presidential Proclamation Number 4313.

He was discharged on 25 February 1975 under other than honorable conditions in accordance with Presidential Proclamation Number 4313 and was enrolled in the Reconciliation Service Program to perform alternate service.  He had served 4 months and 17 days of total active service and had 1,314 days of lost time due to AWOL and confinement..

On 22 August 1975 the Selective Service System terminated the applicant from the Reconciliation Service Program for failure to complete his required period of alternate service and for his being uncooperative with efforts to place him in an acceptable job.

Presidential Proclamation 4313, issued on 16 September 1974, affected three groups of individuals.  These groups were fugitives from justice who were draft evaders; members of the Armed Forces who were in an unauthorized absence status; and prior members of the Armed Forces who had been discharged with a punitive discharge for violations of Articles 85, 86, or 87 of the Uniform Code of Military Justice.  The last group could apply to a Presidential Clemency Board which was made up of individuals appointed by the President (members were civilians, retired military and members of the Reserve components) who would make a determination regarding the performance of alternate service.  That board was authorized to award a Clemency Discharge without the performance of alternate service (excusal from alternate service).  The dates of eligibility for consideration under this proclamation 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.  When the period of alternate service was completed satisfactorily, the Selective Service System notified the individual’s former military service.  The military services issued the actual Clemency Discharges.  The Clemency Discharge is a neutral discharge, issued neither under “honorable conditions” nor under “other than honorable conditions.”  It is to be considered as ranking between an undesirable discharge and a general discharge.  A Clemency Discharge does not affect the underlying discharge and does not entitle the individual to any benefits administered by the Department of Veterans Affairs (formerly Veterans Administration).  While there is no change in benefit status per se, a recipient may apply to the Department of Veterans Affairs for benefits.

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 applicant’s administrative discharge under Presidential Proclamation 4313 was accomplished in accordance with applicable laws and regulations with no indication of any of the applicant’s rights.

2.  Accordingly, his discharge under other than honorable conditions appropriately reflects the character of his service.

3.  The Board notes that by allowing the applicant to administratively separate under Presidential Proclamation 4313 avoided his being tried by court-martial and having a felony offense on his records.  While he may not now agree with the decision to discharge him under other than honorable conditions, he should not be allowed to change his mind at this late date.

4.  The applicant’s contention that his remorse and his participation in the Amnesty Program should be favorably considered by the Board in upgrading his discharge appears to be without merit.  Not only did the applicant fail to complete his commitment to the Army, when afforded a second chance to receive a Clemency Discharge under the Reconciliation Service Program, he again did not feel remorseful enough to honor his commitment.

5.  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.

6.  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

__gdp___  __mmd__  __js_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030302	
SUFFIX		
RECON		
DATE BOARDED	2000/03/01	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	1975/02/25	
DISCHARGE AUTHORITY	Pres Procl 4313 .  .  .  .  .  	
DISCHARGE REASON	950	
BOARD DECISION	( DENY)	
REVIEW AUTHORITY		
ISSUES         1.144.0000	950/a00.00	
2.		
3.		
4.		
5.		
6.