IN THE CASE OF: BOARD DATE: 18 March 2010 DOCKET NUMBER: AR20090015719 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 that the records of her deceased son, a former service member (FSM) be corrected to reflect that he was discharged by reason of “Disorderly Conduct.” 2. The applicant states, in effect, that she desires the FSM’s records to be corrected to reflect “Disorderly Conduct” because the FSM left behind two sons who know nothing of the reasons for his discharge and she fails to see what good can come of them knowing. She continues by stating that at the time the FSM joined the Army he had never been away from home and he did not have good relations with his father. He was sent to Germany and he was not happy. She goes on to state that she knows very little of what happened in the FSM’s case except that it all stemmed from hearsay and not his actually committing the act. She also states that he was a good father who always engaged with his children and she desires to do one last favor for her son. She concludes by stating that she is aware of a more lenient climate towards homosexuals and desires that her son’s records reflect that he was discharged because of what he actually did and not what someone else said he did. 3. The applicant provides a three-page hand-written letter explaining her application, a copy of the FSM’s death certificate, a copy of the FSM’s birth certificate and a copy of the FSM’s DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. The FSM’s military records are not available for review. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 2. The FSM enlisted in the Regular Army on 13 June 1984. He completed his training as a multi-channel communications specialist and was transferred to Germany for duty in a field artillery battery. He was advanced to the pay grade of E-4 on 1 September 1985. 3. The facts and circumstances surrounding his administrative discharge are not in the available records. However, his DD Form 214 shows that he was discharged under honorable conditions on 31 December 1985, under the provisions of Army Regulation 635-200, paragraph 15-2A, due to having engaged, attempted to engage in, or solicited another to engage in homosexual acts. 4. The FSM died on 28 February 2006 at the age of 39. He was married at the time of his death. 5. The available evidence does not show the FSM ever applied to the Army Discharge Review Board for an upgrade of his discharge or for the change in his narrative reason for separation during that board’s 15-year statute of limitations. 6. Army Regulation 635-200, chapter 15, in effect at the time provided the policies and procedures for separating personnel for homosexuality. Paragraph 15-3a provides, in pertinent part, that a Soldier will be separated under that chapter if the Soldier has engaged in, or attempted to engage in, or solicited another to engage in a homosexual act. DISCUSSION AND CONCLUSIONS: 1. In the absence of evidence to the contrary, it must be presumed that the FSM’s administrative separation was accomplished in accordance with the applicable regulations with no violations of any of the FSM’s rights. 2. Therefore, given the available circumstances, the narrative reason for separation must be presumed to be the actual basis for his discharge. 3. The applicant’s contentions have been considered and her reasons for making the request are understandable. However, she has provided no evidence to show that an error or injustice exist in the FSM’s case and her desire to keep the FSM’s children from discovering the reason for the FSM’s discharge is not a sufficient basis to alter an official record that has not been deemed in error. 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 ____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 that 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) AR20090015719 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090015719 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1