MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 January 2002
         DOCKET NUMBER: AR2001062196

         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
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Christopher J. Prosser		Member
Mr. Kenneth W. Lapin		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)

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APPLICANT REQUESTS: That his clemency discharge be upgraded to honorable.

APPLICANT STATES: That he went AWOL due to his parents personal problems along with his own personal problems at home. He understands now that his youth and inexperience in his decision to go AWOL was wrong. He states that the President at that time agreed and upgraded discharges. He would like the Board to understand that youthful actions under stressful events are not always correct and that he has suffered much through the years from these actions. He thought that a full pardon was as good as an honorable discharge.

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

The applicant was born on 22 March 1946. He entered active duty on 25 November 1964 for a period of three years. He successfully completed basic and advanced individual training and served in Germany from 20 April 1965 through 16 May 1966 as a postal clerk.

While in Germany, the applicant received two nonjudicial punishments for failing to go to his appointed place of duty.

Nonjudicial punishment was imposed against the applicant again on 8 September 1966 for failing to go to his appointed place of duty.

On 13 July 1967, the applicant was convicted by a special court-martial of being AWOL from 26 December 1966 to 26 May 1967. He was sentenced to confinement at hard labor for six months and forfeiture of $75.00 pay per month for six months.

On 24 January 1968, he was convicted by a second special court-martial of being AWOL from 26 September 1967 to 11 December 1967. He was sentenced to confinement at hard labor for six months and forfeiture of $90.00 pay per month for six months.

Charges were preferred against the applicant on 26 September 1969 for being AWOL again from 14 February 1969 to 18 September 1969.

On 26 September 1969, the applicant consulted with legal counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. In doing so, he admitted guilt to the offense charged and acknowledged that he might encounter substantial prejudice in civilian life and that he might be ineligible for many or all benefits administered by the Veterans Administration if an under other than honorable conditions discharge were issued. The applicant elected not to submit a statement in his own behalf.
On 22 October 1969, the separation authority approved the applicant’s request for discharge and directed that he be issued an Undesirable Discharge Certificate.

Accordingly, the applicant was discharged on 22 October 1969 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. He had 3 years, 8 months and 10 days of creditable service and 740 days of lost time due to AWOL and confinement. He was separated on temporary records.

On 3 May 1976, the applicant was granted a clemency discharge in recognition of satisfactory completion of alternate service pursuant to Presidential Proclamation 4313 of 16 September 1974.

The Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge on 25 March 1982.

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 public work program specifically designated for former soldiers who received a less than honorable discharge for AWOL related incidents between August 1964 and March 1973. Upon successful completion of the specified alternative service, the former members would be granted a clemency discharge by the President of the United States, thus restoring his or her affected civil rights. 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.

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. The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations. There is no indication that the request was made under coercion or duress.

2. The Board noted the applicant’s contention that youth and inexperience caused him to make bad decisions. However, the Board notes that he was over 20 years old at the time of most of his offenses.

3. The Board also noted the applicant’s contention that a full pardon, as a result of the Presidential Proclamation 4313, was as good as an honorable discharge. However, the Board noted the applicant was not granted a Presidential pardon under Presidential Proclamation 4313. 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. The applicant was notified of this fact at the time he voluntarily applied for the clemency discharge.

4. Based on the foregoing, the type of discharge directed and the reasons for his separation were appropriate. Further, the applicant has provided no evidence of error or injustice which would warrant changing the characterization of his discharge.

5. 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 this requirement.

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

JLP_____ CJP_____ KWL_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2001062196
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020117
TYPE OF DISCHARGE	UOTHC
DATE OF DISCHARGE	19691022
DISCHARGE AUTHORITY	AR635-200,chapter 10. . . .
DISCHARGE REASON	For the Good of the Service
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	144.0000
2.
3.
4.
5.
6.