RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 JULY 2004
      DOCKET NUMBER:   AR2004100252


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Samuel Crumpler               |     |Chairperson          |
|     |Mr. Stanley Kelley                |     |Member               |
|     |Mr. Mark Manning                  |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his discharge under other than honorable
conditions be upgraded to honorable or general.

2.  The applicant states that he performed the duties required of him
[alternate service under Presidential Proclamation #4313].

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from Active Duty), and copies of two statements of support on his behalf,
attesting to his good post-service conduct.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army for three years on 9 December 1968,
completed training at Aberdeen Proving Ground in Maryland, and in April
1969 was placed on orders for assignment to Fort Knox, Kentucky, with a
reporting date of 20 May 1969.  However, those orders were revoked, and in
July 1969 he was placed on orders for assignment to Fort Dix, New Jersey
for further assignment to Germany.

2.  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.

3.  In his statement he indicated that he was on orders for Germany and was
on authorized leave prior to his port call.  While on leave he was in a car
accident and was seriously injured.  He was first treated at a local
hospital and because he was a serviceman, transferred to a Navy hospital at
Pensacola, Florida.  He missed his port call date and when he was released
from the hospital, authorities told him to go home and wait for new orders.
 Orders never came.  He knew that he should have made some effort to
resolve the situation, but did not.  His lawyer told him that he might have
a possible defense to charges, but he wanted to participate in the clemency
program.

4.  He entered into the program on 30 October 1974 reaffirming his
allegiance to the United States, acknowledging that he voluntarily went
AWOL on or about     16 August 1969, and agreeing to complete 24 months of
alternate service (as previously established by a Joint Alternate Service
Board).  He consulted with counsel, and under the provisions established by
that program, voluntarily requested discharge for the good of the service.
He acknowledged that his absence was characterized as willful and
persistent unauthorized absence subject to trial by court-martial.  He
stated that he understood that he would be discharged under other than
honorable conditions and furnished an Undesirable Discharge Certificate.
He stated that he understood the nature and consequences of such a
discharge and that he would be ineligible for all benefits administered by
the Veterans Administration (VA).  He was discharged on         30 October
1974.  He had 8 months and 23 days of service, and 1879 days of lost time.


5.  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 (absent without leave) 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 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 AND CONCLUSIONS:

1.  The applicant's undesirable discharge was proper under the provisions
of Presidential Proclamation 4313.  The applicant voluntarily entered into
the alternate restitution program established by the proclamation with full
and prior knowledge of the type of discharge that he would receive and the
consequences of such a discharge.

2.  The applicant's contention that because he completed the required
alternate service, his discharge should be upgraded is not accepted.  The
alternate service and his discharge were mandated by the provisions of the
proclamation, which he well knew.  It is noted that the maximum punishment
authorized by the Manual for Courts-Martial for more than 30 days AWOL is a
dishonorable discharge, one year confinement, and forfeiture of all pay and
allowances.  The applicant was AWOL for more than 5 years.  The undesirable
discharge offered under the alternate restitution program was far less than
when he could have received if convicted in a trial by court-martial.

3.  The statements of support that the applicant submits with his request
are noted.  These statements, attesting to his good post-service conduct,
however, are insufficient to warrant the relief requested.

4.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SC __  ___SK __  __MM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ___ Samuel Crumpler_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100252                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040713                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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