RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            27 APRIL 2006
      DOCKET NUMBER:   AR20050008638


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Ms. Naomi Henderson               |     |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 that his bad conduct discharge (BCD) be
upgraded.

2.  The applicant states that a lot of people did a lot worse things than
he did and were pardoned.  He goes on to state that he got caught with
drugs in Vietnam and he knows he was wrong.  He simply wants honest justice
and fair play.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 7 June 1972.  The application submitted in this case is dated
25 May 2005.

2.  The applicant was born on 18 April 1949 and was inducted with a moral
waiver in San Francisco, California on 24 March 1971.  He completed his
training at Fort Ord, California and received orders transferring him to
Vietnam on 19 August 1971.

3.  Although not fully explained in the available records, it appears that
the applicant was arrested by civil authorities in August 1971 and was
sentenced to 1 year probation.  He eventually departed for Vietnam on 15
September 1971 and was assigned to the 502nd Infantry Regiment for duty as
a light weapons infantryman.

4.  On 12 December 1971, he was convicted by a special court-martial of
disobeying a lawful order from a superior commissioned officer on 6 October
1971, of the wrongful possession of heroin on 4 November 1971 and two
specifications of breaking restriction.  He was sentenced to confinement at
hard labor for 4 months, a reduction to the pay grade of E-1 and a BCD.

5.  The applicant received orders transferring him to the Correctional
Holding Detachment at Fort Dix, New Jersey, to serve his confinement and he
went absent without leave on 13 February 1972.  He remained absent until he
was apprehended by the Long Beach Shore Patrol in California and was
returned to military control at Fort Ord, California on 16 March 1972.  He
was reassigned to the Personnel Control Facility at Fort Ord.

6.  On 24 April 1972, the United States Army Court of Military Review
affirmed the findings and sentence as approved by the convening authority.

7.  On 7 June 1972, the applicant was discharged pursuant to a duly
reviewed and affirmed court-martial conviction.  He had served 1 year and
28 days of total active service and had 47 days of lost time due to AWOL
and confinement.

8.  He applied to the Army Discharge Review Board (ADRB) on 28 April 1973
requesting that his BCD be upgraded to a general discharge.  The ADRB
denied his request on 5 March 1974 and on 12 June 1974, this Board denied a
previous request to have his BCD set aside.

9.  Presidential Proclamation 4313, issued on 16 September 1974, affected
three groups of individuals.  These groups were fugitives from justice who
were draft evaders; members of the Armed Forces who were in an unauthorized
absence status; and prior members of the Armed Forces who had been
discharged with a punitive discharge for violations of Articles 85, 86, or
87 of the Uniform Code of Military Justice.  The last group could apply to
a Presidential Clemency Board which was made up of individuals appointed by
the President (members were civilians, retired military and members of the
Reserve components) who would make a determination regarding the
performance of alternate service.  That board was authorized to award a
Clemency Discharge without the performance of alternate service (excusal
from alternate service).  The dates of eligibility for consideration under
this proclamation for those already discharged from the military service
were 4 August 1964 to 28 March 1973, inclusive.  Alternate service was to
be performed under the supervision of the Selective Service System.  When
the period of alternate service was completed satisfactorily, the Selective
Service System notified the individual’s former military service.  The
military services issued the actual Clemency Discharges.  The Clemency
Discharge is a neutral discharge, issued neither under “honorable
conditions” nor under “other than honorable conditions.”  It is to be
considered as ranking between an undesirable discharge and a general
discharge.  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).  While
there is no change in benefit status per se, a recipient may apply to the
Department of Veterans Affairs for benefits.

10.  Title 10, United States Code, section 1552, the authority under which
this Board acts, provides, in pertinent part, that the Board is not
empowered to set aside a conviction.  Rather it is only empowered to change
the severity of the sentence imposed in the court-martial process and then
only if clemency is determined to be appropriate.  Clemency is an act of
mercy, or instance of leniency, to moderate the severity of the punishment
imposed.

DISCUSSION AND CONCLUSIONS:

1.  Trial by court-martial was warranted by the gravity of the offenses
charged.  Conviction and discharge were effected in accordance with
applicable law and regulations, and the discharge appropriately
characterizes the misconduct for which the applicant was convicted.

2.  The type of discharge directed and the reasons therefore appear to be
appropriate considering the available facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However,
they are not sufficiently mitigating to warrant relief when compared to the
seriousness of his offenses and his undistinguished record of service.

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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LE ___  ___JM___  ___NH __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





                                  _____Lester Echols__________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050008638                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060427                                |
|TYPE OF DISCHARGE       |(BCD)                                   |
|DATE OF DISCHARGE       |1972/06/07                              |
|DISCHARGE AUTHORITY     |SPCM . . . . .                          |
|DISCHARGE REASON        |SPCM                                    |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |675/a68.00 bcd                          |
|1.144.6800              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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