RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060003601


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald Lewy                   |     |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 undesirable discharge be changed to a
general under honorable conditions discharge.

2.  The applicant states that he was separated for the good of the service
for unauthorized absence pursuant to Presidential Proclamation 4313.  He
agreed to serve 7 months alternate service and he fulfilled this
obligation.

3.  The applicant provides two DD Forms 214 (Report of Separation from
Active Duty) and a DD Form 215 (Correction to DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 22 August 1975, the date he completed alternate service
pursuant to Presidential Proclamation 4313.  The application submitted in
this case is dated 21 February 2006.

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.  The applicant enlisted in the Regular Army on 17 April 1967 for a
period of three years.  He completed basic combat training at Fort Gordon,
Georgia and was reassigned to Fort Jackson, South Carolina for advanced
individual training (AIT).  At the successful completion of AIT, he was
awarded military occupational specialty 11B (Light Weapons Infantryman).
He was assigned to Vietnam on 14 September 1967.  He was advanced to
private first class on 19 September 1967.

4.  The applicant was honorably discharged from active duty on 7 January
1968 for the purpose of immediate reenlistment.  He reenlisted on 8 January
1968 for a period of three years.

5.  He was promoted to specialist four on 16 July 1968.

6.  He departed Vietnam on 13 April 1969 and was reassigned to the
continental United States.

7.  On 4 August 1969, the applicant accepted nonjudicial punishment under
Article 15, Uniform Code of Military Justice (UCMJ) for being absent
without leave (AWOL) from 30 July 1969 to 31 July 1969.  His punishment
consisted of a reduction to private E-2 (suspended for one month) and
performance of extra duty for 7 days.

8.  He was promoted back to specialist four on 30 September 1969.

9.  On 12 November 1969, the applicant accepted nonjudicial punishment
under Article 15, UCMJ for being AWOL from 24 October 1969 to 30 October
1969.  His punishment consisted of a reduction to private first class and
performance of extra duty for a period for 14 days.  That portion of the
punishment as pertains to the reduction to the grade of private first class
was suspended for 30 days.

10.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he
was AWOL on 5 January 1970.

11.  In a 21 November 1974 letter from the U.S. Army Enlisted Records
Center, Fort Benjamin Harrison, Indiana, the applicant was notified that he
was eligible to participate in the program established by Presidential
Proclamation 4313, 16 September 1974.  He was advised that, in order to
participate in the program, he must agree to participate in the President’s
Program; agree to reaffirm his allegiance to the United States; and pledge
to perform alternate service for a period not to exceed 24 months (this
portion of the program was administered by the Selective Service System and
entailed performance of work in jobs that promoted the national health,
safety, or interest).  He was afforded the opportunity to consult with a
military lawyer or other counsel prior to undertaking the obligations.  He
was also required to physically present himself at Fort Benjamin Harrison.


12.  The applicant’s service personnel records contain a letter, dated
4 December 1974, which indicates the applicant had requested to participate
in the program established by Presidential Proclamation 4313 of 16
September 1974.  A review of his service records indicated he was eligible
for this program and he was advised to arrive at Fort Benjamin Harrison,
Indiana on or about 16 December 1974.  Upon reporting to Fort Benjamin
Harrison, Indiana, the applicant would be given the opportunity to request
a discharge for the good of the service in accordance with existing
Department of Defense regulations.  He was advised of his rights.  The
letter indicates that Presidential Proclamation 4313 further provided that
those servicemen who satisfactorily completed an assigned period of
alternate service of not more than 24 months would be issued a Clemency
Discharge Certificate.

13.  The applicant returned to military control on 15 December 1974 at Fort
Benjamin Harrison, Indiana.

14.  On 16 December 1974, the applicant voluntarily requested discharge for
the good of the service pursuant to the provisions of Presidential
Proclamation Number 4313, 16 September 1974.  He acknowledged that his
absence was characterized as a willful and persistent unauthorized absence
for which he was subject to trial by court-martial for a violation of the
Uniform Code of Military Justice and could lead to the imposition of a bad
conduct or dishonorable discharge.  He indicated that he was making this
request of his own free will and had not been subject to any coercion
whatsoever by any person.  He further acknowledged that he would be
discharged under other than honorable conditions and furnished an
Undesirable Discharge Certificate.  He was advised that he might encounter
substantial prejudice in civilian life and that he might be ineligible for
many or all Army benefits administered by the Veterans Affairs (VA) because
of an undesirable discharge.

15.  The applicant was discharged on 16 December 1974 for the good of the
service by reason of willful and persistent unauthorized absence pursuant
to Presidential Proclamation 4313, 16 September 1974.  He completed 1 year,
11 months, and 22 days of creditable active service with 1,808 days of lost
time due to AWOL.

16.  On 22 August 1975, the applicant completed his alternate service
pursuant to Presidential Proclamation 4313, 16 September 1974.

17.  The applicant’s DD Form 215, dated 22 August 1975, amended his DD Form
214 to add his Clemency Discharge issued in recognition of satisfactory
completion of alternate service pursuant Presidential Proclamation 4313.

18.  There is no evidence of record which indicates he applied to the Army
Discharge Review Board (ADRB) for an upgrade of his discharge.

19.  Army Regulation 635-200, paragraph 3-7, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the Soldier’s separation specifically allows such
characterization.

20.  On 16 September 1974, President Gerald Ford issued Presidential
Proclamation 4313.  This Proclamation provided an opportunity for deserters
to work their way back into American society.  Three categories of service
members were eligible beneficiaries of Proclamation 4313 to include members
of the Armed Forces who were in an unauthorized absence status.  The
individuals who were absent from the Armed Forces were afforded an
opportunity to return to military control and elect either an Undesirable
Discharge under Presidential Proclamation 4313 or to stand trial for their
offenses and take whatever punishment resulted.  For those who elected
discharge, a Joint Alternate Service Board composed of military personnel
would establish a period of alternate service of not more than 24 months
that the individuals would perform.  If they completed the alternate
service satisfactorily, they would be entitled to receive a Clemency
Discharge.  The Clemency Discharge did not affect the underlying discharge
and did not entitle the individual to any benefits administered by the
Department of Veterans Affairs.

21.  A Presidential Memorandum was issued by President Ford on 19 January
1977 (sometimes referred to as PP 4313 Extension).  This memorandum
mandated the issuance of a general discharge to individuals who had: (1)
applied for consideration under PP 4313; (2) been wounded in action or
decorated for valor; and (3) records free of any compelling reason to deny
relief.  This was a mandate to the ADRB from the President and was to be
applied by the ADRB without any applications from the affected individuals.
 Whether the individuals had performed alternate service was not an issue
to be considered.

22.  The Department of the Army Special Discharge Review Program (SDRP) was
based on a memorandum from Secretary of Defense Brown and is often referred
to as the "Carter Program."  It mandated the upgrade of individual cases in
which the applicant met one of several specified criteria and when the
separation was not based on a specified compelling reason to the contrary.
The ADRB had no discretion in such cases other than to decide whether
recharacterization to fully honorable as opposed to a general discharge was
warranted in a particular case.  An individual who had received a punitive
discharge was not eligible for consideration under the SDRP.  Absentees who
returned to military control under the program were eligible for
consideration after they were processed for separation.  Eligibility for
the program was restricted to individuals discharged between 9 August 1964
and 28 March 1973, inclusive, with an undesirable, under other than
honorable conditions, or a general discharge.

DISCUSSION AND CONCLUSIONS:

1.  It is noted that the applicant was granted a clemency discharge which
under the provisions of Presidential Proclamation 4313 did not change the
underlying characterization of his undesirable discharge.

2.  There is no evidence of record which indicates the applicant’s records
were reviewed for an upgrade of his discharge under the Presidential
Proclamation 4313 Extension.  However, it appears he did not meet all the
eligible criteria for an upgrade of his discharge to general under this
program.

3.  In addition, the applicant's record of service shows he received two
Article 15s and was AWOL for 1,808 days.  His record of service was not
satisfactory and did not meet the standards of acceptable conduct and
performance of duty for Army personnel for an upgrade to general.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 August 1975; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 21 August 1978.  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

WC______  AM______  DL______  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.




                                  William Crain_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003601                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19741216                                |
|DISCHARGE AUTHORITY     |Presidential Proc 4313                  |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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