| Mr. Carl W. S. Chun | Director | |
| Mr. Michael L. Engle | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Thomas F. Baxter | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his clemency discharge be upgraded to honorable.
APPLICANT STATES: In effect, that he has put his life back together. He is working and raising a family and feels that it is time to correct this action by upgrading his discharge to honorable and issuing him a new Armed Forces of the United States Report of Transfer or Discharge (DD Form 214). In support of his application, he provides a copy of his Presidential pardon, and his DD Form
214 with correction.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army on 5 June 1970 for 3 years. He was 17 years and
9 months of age and had only completed 8 years of school. He successfully completed his initial training and was assigned to the Federal Republic of Germany for duty as a cook (94B).
On 8 December 1970, the applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) (27 days) from 3 to 30 November 1970. The punishment included a reduction to private, E-1, a forfeiture of $31.00. and 14 days restriction and extra duty. The applicant did not appeal the punishment.
On 9 December 1970, the applicant received NJP for willfully disobeying a lawful order, to wit: to get a haircut. The punishment included a forfeiture of $31.00. The applicant did not appeal the punishment.
On 22 March 1971, the applicant received NJP for twice leaving his appointed place of duty without authority. The punishment included a forfeiture of $20.00 and 7 days restriction and extra duty. The applicant did not appeal the punishment.
The applicant’s Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency from 21 July 1971 until his return to the United States on 22 October 1971 was unsatisfactory.
The applicant’s discharge packet is missing from his military records. However, his DD Form 214 shows that he was administratively discharged on 28 October 1971 under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial, for the good of the service. His service was characterized as under other than honorable conditions. He completed 1 year, 3 months and
27 days of creditable active service and had 27 days of lost time due to AWOL.
On 13 February 1976, the applicant was informed that he had been granted a Presidential pardon pursuant to Presidential Proclamation 4313 of 16 September 1974. He was provided with a Clemency Discharge (DD Form 1953A) along with a Correction to DD Form 214 (DD Form 215). He was also informed of his eligibility to apply to the Army Discharge Review Board (ADRB) for a review and possible change of his discharge.
There is no evidence that the applicant applied to the ADRB for an upgrade of his discharge within its 15-year statute of limitations.
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 have been 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.
Presidential Proclamation 4313, issued on 16 September 1974, provided for the issuance of a clemency discharge to certain former soldiers who voluntarily entered into and completed an alternate restitution program specifically designed for former soldiers who received less than an honorable discharge for
AWOL-related incidents between August 1964 and March 1973. Upon successful completion of the alternate service, not to exceed 24 months, former members would be granted a “clemency” discharge by the President of the United States, thus restoring his or her affected civil rights. However, the clemency discharge did not affect the underlying discharge and did not entitle the individual to any benefits administered by the Veterans Administration. Soldiers who were AWOL entered the program by returning to military control and accepting a discharge in lieu of trial by court-martial.
The Clemency Discharge is a neutral discharge, issued neither under “honorable conditions” nor under “other than honorable conditions.” The Clemency Discharge, like a Presidential pardon, is an expression by the Chief Executive that the stigma of a bad record has been removed, and that the bearer of a Clemency Discharge should no longer be discriminated against in his future consideration.
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. Lacking evidence to the contrary, administrative regularity is presumed in the applicant’s administrative separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial.
2. The type of discharge directed and the reasons therefor were appropriate considering all available facts of the case.
3. Under the provisions of Presidential Proclamation 4313, the applicant was required to serve up to 24 months of alternate service. His Presidential pardon is sufficient evidence to convince the Board that he completed this requirement. However, completing the requirements of the program did not provide for an automatic issuance of an Honorable Discharge Certificate.
4. After considering his overall record of service without regard to the Presidential Proclamation 4313 program, the Board found no basis for upgrading his discharge.
5. The applicant’s good post service conduct is not sufficient to warrant an upgrade of his discharge.
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
__ JH __ __TFB __ __JTM __ DENY APPLICATION
| CASE ID | AR2001056103 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/08/16 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19711028 |
| DISCHARGE AUTHORITY | AR 635-200, CHPT 10 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 29.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001055046C070420
On 22 October 1975, he received a full pardon (grant of executive clemency) under Presidential Proclamation 4313. The Clemency Discharge is a neutral discharge, issued neither under “honorable conditions” nor under “other than honorable conditions.” 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). The applicant’s voluntary request for...
ARMY | BCMR | CY2002 | 2002075305C070403
Upon successful completion of the alternate service, former members would be granted a “clemency” discharge by the President of the United States, thus restoring his or her affected civil rights. 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: After considering his overall record of service with regard to the Presidential Proclamation 4313 program, the...
ARMY | BCMR | CY2010 | 20100009092
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. Both the Joint Board and Presidential Board were authorized to award a Clemency Discharge with the performance of alternate service. He was discharged pursuant to the sentence of a general court-martial and was issued a bad conduct discharge after the sentence was affirmed.
ARMY | BCMR | CY2002 | 2002077676C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge. 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:
ARMY | BCMR | CY2010 | 20100027548
The applicant requests an upgrade of his undesirable discharge to a general discharge. On 27 July 1972, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of court-martial. The DD Form 214 he was issued shows he was discharged for the good of the service - in lieu of a court-martial with a character of service of under other than honorable conditions and issuance of an...
ARMY | BCMR | CY2014 | 20140020231
The applicant requests an upgrade of his under other than honorable conditions discharge. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. Although an honorable or general discharge is authorized, an undesirable discharge was normally considered appropriate at a time.
ARMY | BCMR | CY2013 | 20130014827
The applicant requests an upgrade of his discharge to an honorable discharge. The complete facts and circumstances concerning the applicant's discharge proceedings are not in the available records; however, on 3 December 1970, the general court-martial convening authority approved the applicant's request for excess leave without pay pending execution of his bad conduct discharge. The applicant contends his discharge should be upgraded to an honorable discharge because he received a...
ARMY | BCMR | CY2001 | 2001062196C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge on 25 March 1982. The applicant, in fact, was granted a clemency discharge which under the provisions of Presidential Proclamation 4313 did not change the characterization of the applicant’s discharge under other than honorable conditions.
ARMY | BCMR | CY2009 | 20090002142
He also states that he completed alternate service and applied for a clemency discharge. He further acknowledged he understood that satisfactory completion of such alternate service will be acknowledged by issuance of a Clemency Discharge Certificate. When the period of alternate service was completed satisfactorily, the Selective Service System notified the individual's former military service.
ARMY | BCMR | CY2006 | 20060007631C070205
The applicant's DD Form 214 shows that he was discharged on 23 January 1970 under the provisions of chapter 10 of Army Regulation 635-200, for the good of the service in lieu of trial by court-martial and issued an Undesirable Discharge Certificate with service characterized as under other than honorable conditions. There is no evidence in the available records which shows the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year...