| Mr. | Chairperson | ||
| Mr. | Member | ||
| Mr. | Member |
| Mr. | Karl F. Schneider | Acting Director | |
| Mr. | Joseph A. Adriance | Examiner |
2. The applicant requests, in effect, that his undesirable discharge (UD) be upgraded to a general/under honorable conditions discharge (GD).
3. The applicant states in effect, that his 201 file did not correctly capture his Vietnam era service and that his record does not include the reasons for his AWOL.
4. The applicant’s military records show that the period of service under review began when the applicant reenlisted for 3 year on 13 August 1970 while assigned to Fort Bliss, Texas.
5. At the time of his reenlistment the applicant had completed 1 year, 10 months, 13 days of honorable service, held military occupational specialty (MOS) 31M (Radio Operator), attained the rank of specialist/E-4, and successfully completed a combat tour in Vietnam. His awards and decorations included: the National Defense Service Medal; the Vietnam Service Medal; and the Republic of Vietnam Campaign Medal.
6. On 24 April 1974 a DD Form 458 (Charge Sheet) was prepared preferring a charge against the applicant for violation of Article 86 for a period of AWOL from
30 January 1971 through 20 April 1974. The record also contains documented evidence that on 6 May 1974 the applicant voluntarily requested discharge for the good of the service-in lieu of trial by court-martial, under the provisions of chapter 10 of AR 635-200.
8. On 20 May 1974 the appropriate authority approved the applicant's request for discharge and directed issuance of a UD. Accordingly, on 5 June 1974 the applicant was discharged after completing 1 year, 10 months, and 13 days of active military service and accruing 730 days of time lost due to AWOL.
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges are preferred, submit a request for discharge for the good of the service in lieu of trial by court martial. A discharge under other than honorable conditions is normally considered appropriate. However, at the time of the applicant's separation the regulation provided for the issuance of a UD.
9. On 4 September 1975 the applicant applied to the Army Discharge Review Board (ADRB)for upgrade of his discharge and was denied. However, on 21 May 1976 the applicant received a clemency discharge pursuant to Presidential proclamation 4313 (PP 4413) of 16 September 1974 and was issued a DD Form 215 (Correction to DD Form 214 Report of Separation from Active Duty) which added to item 27 the following statement: “DD 1953A Clemency Discharge Issued Pursuant to Presidential Proclamation No 4313”.
10. There is no indication that the ADRB reconsidered the applicant’s case after his receipt of the clemency discharge issued on 2 February 1976 or using the criteria Presidential Memorandum, dated 19 January 1977, which mandated a General Discharge for applicants who had applied for consideration under PP 4313.
CONCLUSIONS:
1.
2.
3.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by
2. That so much of the application as is in excess of the foregoing be denied
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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