IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20110024950 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests an upgrade of his undesirable discharge to honorable.

2.  He states he completed the terms of the alternative service that were agreed upon.

3.  He provides:

* letter confirming completion of alternative service
* certificate of completion of reconciliation service
* DD Form 1953A (Clemency Discharge)
* DD Form 215 (Correction to DD Form 214 (Report of Separation from Active Duty))

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.  His military records show he enlisted in the Regular Army on 4 July 1969.  The highest rank/grade he held was specialist four/E-4.

3.  On 20 January 1975, he voluntarily requested discharge for the good of the service pursuant to the provisions of Presidential Proclamation 4313, 16 September 1974.

4.  Additional facts and circumstances concerning the applicant's discharge proceedings are not in the available records.  However, his DD Form 214 shows he was discharged on 20 January 1975 under the provisions of Presidential Proclamation 4313 with a character of service of under other than honorable conditions and issued an Undesirable Discharge Certificate.  His DD Form 214 also indicates he completed a total of 1 year, 9 months, and 29 days of creditable active service with 426 days of lost time before his normal expiration of term of service and 925 days of lost time after his normal expiration of term of service.  Item 27 (Remarks) shows he agreed to serve 11 months of alternate service pursuant to Presidential Proclamation 4313.

5.  He received a certificate of completion of the prescribed reconciliation service, dated 27 February 1976.

6.  The applicant was advised that he could apply to the Army Discharge Review Board (ADRB) for review and possible change to his discharge.  There is no evidence he applied to the ADRB to upgrade his discharge.

7.  He was issued a DD Form 215, dated 19 February 1976, which added a statement to item 27 which read "DD Form 1953A Clemency Discharge issued in recognition of satisfactory completion of alternate service pursuant to Presidential Proclamation No. 4313."

8.  Presidential Proclamation 4313, issued on 16 September 1974, provided for the issuance of a clemency discharge to members of the Armed Forces who were in an unauthorized absence status and 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 absent without leave (AWOL)-related incidents between August 1964 and March 1973.  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, neither honorable nor less than honorable.  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.

9.  Army Regulation 635-200 (Personnel Separations), in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel.

	a.  An honorable discharge was a separation with honor and entitled the recipient to benefits provided by law.  The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would have been clearly inappropriate.

	b.  A general discharge was a separation from the Army under honorable conditions.  When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence indicates the applicant completed 11 months of alternate service under the provisions of Presidential Proclamation 4313 and was issued a Clemency Discharge.  However, this did not affect his underlying discharge.

2.  His records show he accrued approximately 1,351 days of lost time.  The character of his discharge is commensurate with his overall record of military service and he has not provided sufficient evidence to mitigate the circumstances leading to his undesirable discharge.  Therefore, he has not established a basis to justify upgrading his discharge to honorable or general under honorable conditions.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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



      _____________x____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110024950



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ABCMR Record of Proceedings (cont)                                         AR20110024950



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