| Mr. Carl W. S. Chun | Director | |
| Mrs. Carolyn G. Wade | Analyst |
| Ms. Kathleen A. Newman | Chairperson | |
| Ms. Gail J. Wire | Member | |
| Mr. Patrick H. McGann, Jr. | Member |
APPLICANT REQUESTS: That his bad conduct discharge (BCD) be upgraded to a general, under honorable conditions discharge.
APPLICANT STATES: That President Ford granted him a full pardon in 1974.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted into the Army of the United States on 15 May 1969 for a period of 2 years. On 26 May 1969, while in basic combat training (BCT) at Fort Polk, Louisiana, the applicant departed his unit absent without leave (AWOL). He remained AWOL until 9 June 1969.
On 17 July 1969, he departed his unit AWOL and was dropped from the rolls as a deserter on the same day. On 15 September 1970, he returned to duty at Fort Polk. He was assigned to the United States Army Special Processing Detachment, Fort Polk.
He was AWOL from 26 to 27 October 1970. On 31 October 1970, he again departed the unit AWOL and remained AWOL until 2 November 1970.
On 12 November 1970, the applicant was convicted by a special court-martial of 2 specifications for being AWOL. He was sentenced to a BCD, 3 months confinement at hard labor, and forfeiture of $25.00 pay per month for 3 months. The sentence was approved on 19 December 1970.
On 23 July 1971, the sentence, having been affirmed was ordered executed. The unexecuted portion of the sentence to confinement and forfeiture was remitted.
On 11 August 1971, the applicant was discharged under the provisions of Army Regulation 635-204 with a BCD. He was credited with 1 year and 9 days of creditable military service and 445 days of lost time.
On 19 December 1975, the applicant was issued a Clemency Discharge pursuant to Presidential Proclamation Number 4313.
Army Regulation 635-204, then in effect, stated that an enlisted person would be discharged with a BCD pursuant only to an approved sentence of a general or special court-martial imposing a BCD.
Presidential Proclamation Number 4313 was issued by President Ford and affected 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 Articles 85, 86, or 87 of the Uniform Code of Military Justice. It provided an opportunity for deserters to work their way back into American society.
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 Board considered the applicant's overall quality of service, the events that precipitated the discharge, and available evidence related to post-service activities and accomplishments. The Board determined that the presidential pardon and clemency discharge were not sufficient to upgrade the applicant's discharge. All things considered, the Board concluded that further clemency is not warranted.
2. 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.
3. 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
__kan___ __gjw___ __phm___ DENY APPLICATION
| CASE ID | AR2002075256 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030123 |
| TYPE OF DISCHARGE | BCD |
| DATE OF DISCHARGE | 19710811 |
| DISCHARGE AUTHORITY | AR 635-204 |
| DISCHARGE REASON | BCD |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.9405 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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