RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 December 2007
	DOCKET NUMBER:  AR20070011528 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Jerome L. Pionk

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 her discharge be upgraded.

2.  The applicant states, in effect, that she was placed on community service for 20 months under the Presidential Proclamation Number 4313, dated 5 December 1974.  She believes her discharge should be upgraded to that of honorable based on her federal employment. 

3.  The applicant provided the following additional documentary evidence in support of her application:

	a.  DD Form 214 (Report of Separation from Active Duty), dated 23 January 1969.

	b.  Blank “Enlisted Statement-Request for Discharge for the Good of the Service.”

	c.  Blank “Reaffirmation of Allegiance and Pledge to Complete Alternate Service.”

	d.  Letter, dated 10 December 1974, U.S. Army Enlisted Records and Evaluation Center, Fort Benjamin Harrison, Indiana, Participation in the Program established by the Presidential Proclamation Number 4313.”

	e.  Appointment to the U.S. Postal Service Affidavit, dated 16 July 1977.

	f.  U.S. Postal Service Retirement Acknowledgement of Understanding, dated 7 May 2007.  

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that she enlisted in the Regular Army on 23 January 1969 for a period of 3 years.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  The highest rank she attained during her military service was private/E-2.  Her records also show that she did not earn any awards during her military service.  

3.  The applicant's records further show that shortly after arrival at her first duty station at Walson Army Hospital, Fort Dix, New Jersey, she was placed in an absent without leave (AWOL) status on 25 August 1969 and was subsequently dropped from the rolls on 23 September 1969.  She remained AWOL until she was apprehended by civil authorities in Atlanta, Georgia, on 31 October 1969 and returned to military control at Fort McPherson, Georgia, on 9 November 1969.

4.  On 28 November 1969, the applicant was reported AWOL again.

5.  On 22 November 1974, an officer of the U.S. Army Enlisted Records Center, Fort Benjamin, Harrison, Indiana, forwarded a letter to the applicant through her father, describing the Presidential Proclamation Number 4313, dated 16 September 1974, and urged the applicant to return to military control.   

6.  On 5 December 1974, the applicant, still in AWOL status, made a telephonic contact with the same officer of the U.S. Army Enlisted Records Center, Fort Benjamin, Harrison, Indiana, and requested to participate in the program established by  Presidential Proclamation Number 4313, dated 16 September 1974.

7.  On 10 December 1974, the officer of the U.S. Army Enlisted Records Center, Fort Benjamin, Harrison, Indiana, responded to the applicant by letter, explaining the program to her and advised her to return to military control at Fort Benjamin, Harrison, Indiana, no later than 18 December 1974.  He further informed her that upon return, she could request a discharge for the good of the service in accordance with chapter 10 of Army Regulation 635-200 (Personnel Separations), reaffirm her allegiance to the United States, and pledge to perform alternate service for a period not to exceed 24 months. 

8.  On 8 January 1975, the applicant surrendered to military control.  She was assigned to the Joint Clemency Processing Center, Fort Benjamin Harrison, Indiana, and was reduced to the grade of private/E-1, effective 9 January 1975.

9.  On 10 January 1975, she consulted with legal counsel and was advised of the nature of the offenses for which she could be tried, the maximum permissible punishment that could be imposed, the possible consequences of an undesirable discharge, the nature and effect of his pledge to perform alternate service, and of the procedures and rights available to her.  Subsequent to receiving this legal counseling, the applicant voluntarily requested discharge for the good of the service pursuant to the provisions of Presidential Proclamation Number 4313, dated 16 September 1974.  

10.  In her request for discharge, she indicated that her absence was characterized as a willful and persistent unauthorized absence for which she was subject to trial by court-martial for violation of the Uniform Code of Military Justice (UCMJ).  She further indicated that she was making the request for discharge of her own free will and was not subjected to any coercion whatsoever.  She further acknowledged she would receive an undesirable discharge and that she understood the adverse nature of such a discharge and the possible consequences thereof.  She also acknowledged that she understood she could be ineligible for all benefits administered by the Department of Veterans Affairs (VA), and that she could be deprived of her rights and benefits as a veteran under both Federal and State law.  She finally acknowledged her understanding that she could encounter substantial prejudice in civilian life based on her undesirable discharge.  

11.  On 10 January 1975, the applicant was separated for the good of the service by reason of willful and persistent unauthorized absence pursuant to Presidential Proclamation Number 4313, with an undesirable discharge and issued an Under Other Than Honorable Conditions Discharge Certificate.  The applicant agreed to serve 20 months alternate service.  The DD Form 214 she was issued at the time of her separation shows she completed 7 month and 22 days of creditable active military service.  This form also shows she had 860 days of lost time before normal expiration of her term of service and 1,077 days of lost time after normal expiration of her term of service due to being AWOL.  

12.  The applicant's records show that on 22 August 1975, she was issued a letter by the Manager, Reconciliation Service Division, advising her that the Director of the Selective Service System had terminated her from enrollment in the Reconciliation Service Program because she did not complete her required 
period of alternate service.  The letter further states that the applicant was non-cooperative with efforts to place her on an approved job.  She failed to report for a scheduled interview and failed to respond to official correspondence.

13.  Presidential Proclamation 4313, dated 16 September 1974, announced a clemency program designed to provide deserters an opportunity to work their way back into American society.  This proclamation pertained to all individuals who were carried administratively as deserters if their last period of AWOL was between 4 August 1964 and 28 March 1973.  Under this program, eligible enlisted deserters were offered the opportunity to request an undesirable discharge for the good of the service if they agreed to perform alternate service under the supervision of the Selective Service System.  Successful completion of alternate service entitled a participant to receive a Clemency Discharge Certificate.

14.  Clemency Discharges issued pursuant to Presidential Proclamation 4313 did not impact the underlying discharge a member received and did not entitle the individual to any benefits administered by the VA.  The Army Discharge Review Board adapted the policy that a Clemency Discharge would be considered by a board in its deliberations but that the discharge per se did not automatically require relief be granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her discharge should be upgraded.

2.  Evidence of record confirms that the applicant committed an offense that was punishable under the UCMJ with a punitive discharge.  After consulting with defense counsel, she voluntarily requested discharge for the good of the service pursuant to Presidential Proclamation 4313.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

3.  Evidence of record further shows that her enrollment in the Reconciliation Service Program was terminated because she did not complete her required period of alternate service due to non-cooperation, failure to report for a scheduled interview, failure to accept an approved job and failure to respond to official correspondence. 

4.  In order to justify correction of a military record the applicant must show 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.  
5.  In view of the foregoing evidence, the applicant is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__rtd___  __jrm___  __jlp___  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.



							Richard T. Dunbar
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011528
SUFFIX

RECON

DATE BOARDED
20071220
TYPE OF DISCHARGE
(UD)
DATE OF DISCHARGE
19750110
DISCHARGE AUTHORITY
AR 635-200, Chap 10
DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
144.0000
2.

3.

4.

5.

6.