RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 AUGUST 2005
      DOCKET NUMBER:  AR20040009824


      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             |
|     |Ms. Gale J. Thomas                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard Hassell               |     |Member               |

      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, in effect, that his discharge be upgraded.

2.  The applicant states he would like his undesirable discharge changed to
desirable due to the passing of past President Bill Clinton's bill
regarding the October discharge.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 October 1974.  The application submitted in this case
is dated
19 October 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate the applicant was inducted and
entered active duty on 13 May 1969.  On 1 September 1969 the applicant
commenced a series of AWOL (absent without leave) periods spanning nearly 5
years and totaling more than 1500 days.  His last period of AWOL commenced
in March 1972 and concluded in 1974.

4.  On 18 October 1974 the applicant submitted a voluntary request for
discharge for the good of the service pursuant to the provisions of
Presidential Proclamation Number 4313.  He acknowledged that his absence
was characterized as a willful and persistent unauthorized absence, that
his discharge would be under other than honorable conditions and he would
be issued an Undesirable Discharge Certificate, and that within 15 days of
his receipt of the





Undesirable Discharge Certificate he must report to his State Director of
Selective Service to arrange for performance of 24 months of alternate
service.  He noted in his request that he understood that satisfactory
completion of such alternate service would be acknowledged by issuance of a
Clemency Discharge Certificate, but that such certificate would not alter
his ineligibility for any benefits predicated upon his military service.

5.  On 18 October 1974 the applicant was discharged under other than
honorable conditions and issued an Undesirable Discharge Certificate.

6.  Presidential Proclamation 4313 was issued on 16 September 1974 by
President Ford.  It identified three categories of persons and permitted
them to apply for a clemency discharge.  Those categories were:

    a) civilian fugitives who were draft evaders,
    b) members of the military who were still AWOL, and
    c) former military members who had been discharged for desertion, AWOL
or missing movement.

7.  Those individuals who were AWOL were afforded the opportunity to return
to military control and accept an undesirable discharge or stand trial.
For those who elected to earn a clemency discharge, (AWOL and discharged
members) they could be required to perform up to 24 months alternate
service.  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 individual's underlying discharge,
and did not entitle him to Department of Veterans Affairs benefits.

8.  There is no evidence in available records that the applicant completed
his alternate service or that he was ever issued the Clemency Discharge
Certificate.

9.  Presidential Memorandum of 19 January 1977 was signed by President Ford
as he left office, and extended his Vietnam Era Clemency Program to provide
that approximately 700 deserters who had been wounded in Vietnam or who had
earned an award for valor would have their discharges upgraded to one under
honorable conditions.





10.  Department of Defense Special Discharge Review Program, often referred
to as the "Carter Program," was announced on 29 March 1977.  The program
mandated upgrade of administrative discharges if the applicant met one of
seven specified criteria.  This program, required, in the absence of
compelling reasons to the contrary, that a discharge upgrade to either
honorable or general be issued in the case of any individual who had either
completed a normal tour of duty in Southeast Asia, been wounded in action,
been awarded a military decoration other than a service medal, had received
an honorable discharge from a previous period of service, or had a record
of satisfactory military service of 24 months prior to discharge.
Consideration of other factors, including possible personal problems which
may have contributed to the acts which led to the discharge, and a record
of good citizenship since the time of discharge, would also be considered
upon application by the individual.

11.  There is no indication the applicant applied to the Army Discharge
Review Board to have his discharge upgraded.

DISCUSSION AND CONCLUSIONS:

1.  It is unclear exactly what the applicant is referring to when he states
that his discharge should be upgraded as a result of a bill passed by
former President Bill Clinton.  It is possible, however, that he may be
referring to discharge programs instituted after the Vietnam War which were
intended to help veterans and citizens come to terms with war time issues.


2.  While the applicant may have been granted a pardon under Presidential
Proclamation 4313, the pardon was merely a grant of clemency, which
restored the applicant’s civil rights.  The action did not affect the basis
or character of an individual’s discharge and does not serve as a basis to
justify upgrading the individual’s discharge at this time.

3.  In order to justify correction of a military record the applicant must,
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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 October 1974; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
17 October 1977.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___PS___  ___YM__  __LH____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _______Paul Smith________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009824                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050830                                |
|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.                      |                                        |


-----------------------
[pic]