MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            13 July 2000                  
	DOCKET NUMBER:    AR1999031991

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 records be corrected by upgrading his dishonorable discharge to an honorable discharge.

APPLICANT STATES: That his dishonorable discharge is inequitable in that President Clinton has given amnesty to Vietnam deserters who ran away to another country to avoid the draft.  His dishonorable discharge was based on his desertion, which occurred when he was a young man and he was needed to support his family during a time of severe difficulty.  

EVIDENCE OF RECORD: The applicant’s complete military records were not available.  Only the record of his court-martial was available.  It shows:

He was inducted on 2 October 1952, received training as an infantryman and was assigned to Fort Hood, Texas.  On 2 March 1953 he absented himself without proper authority.  At the time he was 21 years old.  He was apprehended on 9 December 1953 and returned to military control.

Before a general court-martial which convened at Fort Sheridan, Illinois on 5 January 1954, the applicant was arraigned, tried, and found guilty of desertion. He was sentenced to a dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for one year.  

Included in the record of the court-martial is the testimony of the applicant’s mother.  She testified that her son came home on leave in the winter of 1953.  The family was suffering due to the father’s illness and related unemployment, an increasing debt due to medical bills, an outstanding grocery bill and the need to repay borrowed money.  The family was also forced to move from their home.  While he remained at home, the applicant went to work at his old job and used the money he earned to help pay the family’s debts.  She also testified that it was always the applicant’s intention to return to the Army when the family got back on its feet.

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 satisfies this requirement.

2.  While this Board has no authority to disturb the finality of a court-martial conviction, it does have the authority to recommend clemency concerning the sentence, but found no basis to do in this case.  The Board considered the applicant’s age and his personal problems at the time of the desertion; however, the Board notes that the desertion took place during the Korean War.  Additionally, the applicant submitted no evidence of post service conduct or accomplishments.

3.  President Clinton has not proclaimed amnesty for Vietnam era deserters.  The amnesty program that the applicant is probably referring to was announced by Presidential Proclamation 4313 issued by President Ford allowing service personnel in an absence without leave/deserter status or those discharged with a punitive discharge between August 1964 and March 1973 to obtain a clemency discharge.  The applicant’s discharge occurred in 1954, therefore he does not qualify for a clemency discharge under the Presidential Proclamation.  

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

__jlp ____  __mhm__  __jea ___  DENY APPLICATION

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

INDEX

CASE ID	AR1999031991	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	20000713	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	106.00	
2.		
3.		
4.		
5.		
6.