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ARMY | BCMR | CY1997 | 9706226
Original file (9706226.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his clemency discharge under other than honorable conditions (UOTHC) be upgraded.
APPLICANT STATES : He has been and still is an upright citizen. He has done well and believes the upgrade is warranted. He submits no supporting documentation.

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

On 13 October 1970, he was inducted into the Army.

On 7 June 1971, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 6 - 29 April 1971. He was sentenced to confinement without hard labor for 1 month, reduction to pay grade E-1 and forfeiture of $50 pay for 3 months.

On 2 February 1975, the applicant completed a separation physical and was found qualified for separation.

On 2 February 1975, the applicant was discharged, with a discharge under other than honorable conditions, under the provisions of Presidential Proclamation 4313, in pay grade E-1. He had completed 7 months and 13 days of creditable active service and had 504 days of lost time plus 838 days of lost time subsequent to his normal expiration term of service. He had agreed to serve 24 months alternate service pursuant to the Proclamation.

In June 1976, the Selective Service System terminated the applicant from the Reconciliation Service Program. He had commenced work on an approved job which later had been interrupted when funding ceased. Since that time, he had been non-cooperative with additional efforts to place him on an approved job.

Presidential Proclamation 4313 (PP 4313), dated 16 September 1974, was issued by President Ford and affected three groups of individuals. One group was members of the Armed Forces who were in an unauthorized absence status. These individuals were afforded an opportunity to return to military control and elect either an Undesirable Discharge under PP 4313 or to 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 VA. The award of a Clemency Discharge could be considered by this Board, but the discharge per se did not require relief be granted.

 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. Under the options offered by Presidential Proclamation 4313, the applicant accepted an Undesirable Discharge rather than trial by court-martial. He did not complete his alternate service, although that in itself would not have been sufficient to warrant in any case.

3. This Board has taken cognizance of the applicant’s claim of good post-service conduct, but that factor also does not warrant the relief requested.

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

 DENY APPLICATION




                                                      Loren G. Harrell
                                                       Director

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