MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 January 1999                   
	DOCKET NUMBER:   AR1999014939

	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. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Robert W. Garrett		Member	
	Ms. Deborah S. Jacobs		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 (UD) be upgraded to an honorable discharge (HD).

APPLICANT STATES:  In essence, that he received a Clemency Discharge under the provisions of Presidential Proclamation (PP) 4313 and his UD should be upgraded to an HD in recognition of his completion of alternate service and his good prior service.

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

He enlisted in the Regular Army on 29 May 1962 for 3 years.  He enlisted for training as a Nuclear Weapons Assembly Technician, but did not successfully complete his training and was retrained as a Medical Specialist.

The applicant was assigned to the 121st Evacuation Hospital in Seoul, Korea, upon completion of his training.  He served in Korea from 2 February 1963 to 1 February 1964.  While in Korea, he reenlisted for 4 years on 26 December 1963.  He received an HD for his first period of service of 1 year, 6 months, and 27 days.

Following his tour of duty in Korea, the applicant was reassigned to the United States and Fort Benjamin Harrison, Indiana.  He was at Fort Benjamin Harrison from March-November 1964 before being reassigned to Vietnam where he served from 24 November 1964 to 15 November 1965.  Following Vietnam, he was assigned to Fort Carson, Colorado, in January 1966.  He remained there until April 1967 when he again received orders to Korea.

The applicant did not report to the Overseas Replacement Station at Fort Lewis, Washington, for transfer to Korea.  He was AWOL from 18 May 1967 to 24 June 1967 before returning to military control at Fort Riley, Kansas.  At Fort Riley, he had another short AWOL from 2-5 July 1967 before departing AWOL again on 20 July 1967.  He did not return to military control until 9 September 1974.  His return was in connection with the Presidential Clemency Program established under the provisions of PP 4313.

The applicant was discharged from the Army on 30 September 1974 with a UD under the provisions of PP 4313.  He was administratively reduced to pay grade E1 and was credited with 3 years, 6 months, and 7 days service on his current enlistment and 5 years, 1 month, and 4 days of total service.  He had 198 days of lost time prior to the expiration of his normal term of duty (ETS) and 2443 days of lost time after his normal ETS.  As a part of his clemency agreement, the applicant agreed to perform 10 months of alternate service.

The applicant satisfactorily performed his period of alternate service and, on 18 September 1975, a correction (DD Form 215) was issued to his DD Form 214, Report of Separation From Active Duty, certifying that a DD Form 1953A, Clemency Discharge, was issued to him with an effective date of 30 September 1974.

Presidential Proclamation 4313 was issued on 16 September 1974.  It provided, in pertinent part, that individuals absent from the military for a long period of time, primarily in connection with the Vietnam War, could avail themselves of a clemency program.  If they agreed to return to military control, swore allegiance again to the United States, and agreed to perform a period of alternate service under the supervision of the Selective Service, a Clemency Discharge would be given in the name of the President of the United States.  In essence, this was a neutral discharge and a pardon issued by the President; however, the individual would normally still receive a UD from his military service.  Service discharge review boards and correction boards are not empowered to change the Clemency Discharge issued by the President, but may review the underlying circumstances of the discharge.

Determination of entitlement to DVA benefits, to include educational and medical benefits, is not within the purview of this Board or the Secretary of the Army.  The DVA establishes its regulations governing such entitlements in accordance with Federal statutes applicable to that Agency.

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 the aforementioned requirement.

2.  The discharge proceedings were conducted in accordance with law and the provisions of Presidential Proclamation 4313, in effect at the time.  The character of the discharge is commensurate with the applicant's overall record of military service and the nature of his misconduct.

3.  The applicant’s service and prior HD are noted by the Board.  However, the Board did not find this service to be so meritorious as to overcome the applicant’s period of AWOL in excess of 2600 days.

4.  Determination for entitlement to veteran benefits rests solely with the DVA, not the Secretary of the Army.

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

___JH___  __RWG      __DSJ__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014939	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990120	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	19740930	
DISCHARGE AUTHORITY	PP4313 . . . . .  	
DISCHARGE REASON	A71.00	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.