| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Ted S. Kanamine | Chairperson | |
| Ms. Karen Y. Fletcher | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to honorable.
APPLICANT STATES: That due to his immaturity, he used bad judgement.
In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and a copy of his DD Form 215 (Correction to DD 214).
EVIDENCE OF RECORD: The applicant's military records show he entered active duty on 2 March 1971 at almost 20 years of age. He failed to complete training.
He was convicted by a summary court-martial on 28 September 1971 of being AWOL from 10 to 26 August 1971 (16 days). His sentence consisted of a forfeiture of pay.
Item 44 (Time Lost) of his DA Form 20 (Enlisted Qualification Record) shows that the applicant was AWOL from 11 to 27 June 1971 (17 days), from 24 July to 1 August 1971 (9 days), and from 27 January to 8 February 1972 (14 days). It also shows that he was in military confinement from 28 to 29 June 1971 (2 days) and from 6 to 15 July 1971 (10 days),
The applicant underwent a mental status evaluation which determined that he could distinguish right from wrong and that he possessed sufficient mental capacity to participate in administrative or judicial proceedings.
The applicant underwent a separation medical examination on 21 December 1971, and was found qualified for separation.
Charges were preferred against the applicant on 4 January 1972, for being AWOL from 4 October 1971 to 13 December 1971 (70 days).
On 5 January 1972, he consulted with 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 might be ineligible for many or all benefits administered by the Veterans Administration (VA) if an undesirable discharge were issued. He elected not to submit a statement in his own behalf.
On 20 January 1972, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Undesirable Discharge. The applicant was discharged on 9 February 1972. He had a total of 6 months and 20 days of creditable service and had 138 days of lost time due to AWOL and confinement.
The applicant provided a copy of his DD Form 215, dated 16 January 1976, which shows item 30 of his DD Form 214 was corrected to read "DD Form 1953A Clemency Discharge issued pursuant to Presidential Proclamation Number 4313."
The applicant's records contain a copy of a letter, dated 1 March 1976, from the Assistance Adjutant of the Reserve Component Personnel and Administration Center. The letter informed the applicant that he had been awarded a clemency discharge pursuant to Presidential Proclamation 4313 and that he could apply to the Army Discharge Review Board for an upgrade of his discharge.
There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
Army Regulation 635-200 sets forth the basic authority for 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. However, at the time of the applicant’s separation the regulation provided for the issuance of an undesirable
discharge.
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. Under this
proclamation, eligible deserters were given the opportunity to request discharge
for the good of the service with the understanding that they would receive an
undesirable discharge. Upon successful completion of the specified alternative
service, the deserter was issued a clemency discharge. A clemency discharge does not restore veterans benefit; rather, it restores Federal and, in most instances state civil rights which may have been denied due to the less than honorable discharge. If a participant of the program failed to complete the period of alternative service the original characterization of service, undesirable, would be retained.
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.
2. The type of separation directed and the reasons therefore were appropriate considering all of the available facts of the case.
3. The applicant’s contentions have been noted by the Board. The applicant
was issued a Clemency Discharge pursuant to Presidential Proclamation 4313. It is noted that the Clemency Discharge did not provide for an upgrade of the applicant's discharge.
4. 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.
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
__tk____ __kf____ ___mm___ DENY APPLICATION
| CASE ID | AR2002080948 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030701 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19720209 |
| DISCHARGE AUTHORITY | AR 635-200, chapt 10 |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 191/360 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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