| Mr. Carl W. S. Chun | Director | |
| Mrs. Judy Blanchard-Miller | Analyst |
| Mr. John N. Slone | Chairperson | ||
| Mr. Donald P. Hupman, Jr. | Member | ||
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded.
APPLICANT STATES: That he was discharged without counsel.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 13 March 1967, for 3 years. He completed the required training and was awarded military occupational specialty 64A10 (Light Truck Driver). The highest grade he achieved was pay grade E-4.
The applicant's record indicates that he voluntarily requested an assignment to Vietnam. He served in Vietnam from 17 August 1967 to 14 August 1968.
On 15 January 1969, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) from 30 December 1968 to 7 January 1969. His imposed punishment was a reduction to pay grade E-3 (suspended for 60 days), a forfeiture of $35.00 pay, 14 days restriction and extra duty. On 29 January 1969, the suspension for the reduction to pay grade E-4 was vacated.
The applicant's record indicates that on 23 March1969 the applicant was reported for being AWOL. He was returned to military control on 30 January 1975.
On 31 January 1975, a physical evaluation found the applicant fit for retention.
On the same day, after consulting with legal counsel the applicant voluntarily requested a discharge, for the good of the service pursuant to the provisions of the Presidential Proclamation 4313. The applicant acknowledged that he understood that his absence was characterized as a willful and persistent unauthorized absence for which he could be tried by court-martial for a violation of the Uniform Code of Military Justice and which could lead to the imposition of a bad conduct or dishonorable discharge. Prior to completing the form the applicant was advised of the effects of an undesirable discharge and that he might be deprived of many or all Army and Veterans Administration benefits. The applicant acknowledged that he understood that within 15 days of receipt of the Undesirable Discharge Certificate, he must report to his State Director of Selective Service to arrange for performance of an alternate service. He further acknowledged that he understood that satisfactory completion of such alternate service would be acknowledged by an issuance of a Clemency Discharge Certificate. The applicant acknowledged that such certificate would not alter his ineligibility for benefits predicated upon his military service. The applicant reaffirmed his allegiance to the United States of America and pledged to complete 12 months of alternate service.
On 31 January 1975, the applicant was discharged, in pay grade E-1, under President Proclamation 4313, for the good of service with a UD. He had completed 2 years and 12 days of creditable active service with 1,777 days lost after normal expiration term of service.
Presidential Proclamation 4313, (PP 4313) issued by President Ford and affects three groups of individuals. These groups were: (1). Fugitives from justice who were draft evaders. (2). Members of the Armed Forces who were in an unauthorized absence status and (3). Prior members of the Armed Forces who had been discharged with a punitive or undesirable discharge for violation of Article 85, 86 or 87 of the UCMJ. The individuals in the first group, since they were purely civilian, are of no interest insofar as a discharge review is concerned. The individuals who were absent from the Armed Forces were afforded an opportunity to return to military control and elect either an undesirable discharge under PP 4313 or 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 Veterans Administration.
On 9 October 1975, the applicant was terminated from the Reconciliation Service Program. The applicant was terminated because he did not complete the required period of alternate service.
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 this requirement.
2. The applicant's voluntary request for separation under the Presidential Proclamation 4313, was administratively correct and in conformance with applicable regulations. The applicant’s record shows that, he would have received a clemency discharge, if he had completed the requirements for alternate service.
3. The contentions of the applicant have been noted by the Board. However, they are not supported by either evidence submitted with the application or the evidence of record. The discharge process was in accordance with applicable law and regulations and in view of the applicant's length of AWOL time; it does not appear that his UD was too severe.
4. Therefore the type of discharge directed and the reasons were appropriate considering all the facts of the case.
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
__JNS__ __DPH___ __WDP__ DENY APPLICATION
| CASE ID | AR2002069012 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/09/12 |
| TYPE OF DISCHARGE | (UD) |
| DATE OF DISCHARGE | 1975/01/31 |
| DISCHARGE AUTHORITY | AR635-200, PP4313 . . . . . |
| DISCHARGE REASON | A70.00 |
| BOARD DECISION | ( DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1.1447000 | |
| 2. | |
| 3. | |
| 4. | |
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