| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Lana E. McGlynn | Member | |
| Mr. Larry C. Bergquist | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable.
APPLICANT STATES: That he was told that there is either a law or executive order which directed that all Vietnam veterans be issued an honorable discharge.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 19 January 1968 and immediately reenlisted on 6 November 1968. He was awarded the military occupational specialty of supply specialist.
He served in Vietnam as a supply specialist and armorer from 6 September 1969 to 5 September 1970. During that time he was promoted to pay grade E-5, and was awarded the Bronze Star Medal and Army Commendation Medal, both for meritorious achievement.
He departed Absent Without Leave (AWOL) on 9 November 1970, and remained AWOL until 7 July 1971. He went AWOL once again for one day on 18 July 1971. He was then placed in pretrial confinement from 19 July to 11 August 1971.
On 8 October 1971, the applicant was issued an Undesirable Discharge Certificate. The authority for his separation was Chapter 10, Army Regulation 635-200. The applicant’s records do not contain his court-martial charge sheet or his discharge packet.
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. 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 restitution program specifically designed 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 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. The clemency discharge did not effect 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 and applicable law and regulations, it is concluded:
1. Contrary to the applicant’s contention, there is no law or executive order mandating that all Vietnam veterans be issued an honorable discharge.
2. The applicant may have heard about Presidential Proclamation 4313. If so, that Proclamation does not apply to his circumstances. There is no evidence that the applicant ever entered into and completed an alternate restitution program. As such, he was not entitled to a Clemency Discharge.
3. Therefore, there is no error in the applicant’s discharge. He had a significant period of AWOL and requested discharge in lieu of trial by court-martial. If there had been any matters of mitigation, he could have presented them at a
court-martial.
4. 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
___lem __ ____fne _ ___lcb___ DENY APPLICATION
| CASE ID | AR2002082574 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030506 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 04100252C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence concerning the applicant's status until October 1974, when he signed a statement in order to participate in an alternate restitution program established by Presidential Proclamation. In his statement he indicated that he was on orders for Germany and was on authorized leave prior to his port call.
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 | CY2002 | 2002082751C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: On 15 November 1973 the Army Discharge Review Board denied the applicant's request for upgrade of his discharge.
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 | 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 | 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 | CY2012 | 20120001569
The applicant requests his undesirable discharge be upgraded to an honorable discharge. What his service does not reflect is: * an honorable discharge he received from a prior period of service * a clemency discharge he was issued pursuant to Presidential Proclamation Number 4313 * his 20 months of service in Vietnam during six major campaigns * the Army Commendation Medal (ARCOM) he earned in Vietnam * his agreement to serve time in the stockade after he turned himself in to military...
ARMY | BCMR | CY2009 | 20090021242
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He acknowledged that as a result of the issuance of such a discharge, he would be deprived of all service benefits, that he would be ineligible for all benefits administered by the VA, and that he may be deprived of his rights and benefits as a veteran under both Federal and State law. He further acknowledged he understood that satisfactory completion of such alternate service will be acknowledged by issuance of a Clemency Discharge...
ARMY | BCMR | CY2009 | 20090015079
He further acknowledged he understood that satisfactory completion of such alternate service will be acknowledged by issuance of a Clemency Discharge Certificate. Under the provisions of Presidential Proclamation 4313, the applicant was required to serve up to 12 months of alternate service, which evidence shows he completed. Army regulations in effect at the time of the applicant's discharge and now require that Soldiers discharged for the good of the service in lieu of court martial...
ARMY | BCMR | CY2002 | 2002069717C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: It identified three categories of persons and permitted them to apply for a clemency discharge.