| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Raymond V. O’Connor | Chairperson | ||
| Mr. John P. Infante | Member | ||
| Ms. Eloise C. Prendergast | Member |
APPLICANT REQUESTS: In effect, that his undesirable discharge (UD) be upgraded to an honorable discharge (HD).
APPLICANT STATES: In effect, that he was not aware that he could get a review of his discharge until now.
EVIDENCE OF RECORD: The applicant's military records show:
On 2 December 1960, he entered active duty in the Army. He completed training and was awarded a specialty of 120 (Pioneer Engineer). His record documents no acts of valor, significant achievement, or service warranting special recognition, and it confirms that the highest rank he attained while on active duty was private/E-2.
The applicant’s record does contain an extensive disciplinary history. On
31 March 1961, he was found guilty of being absent without leave (AWOL), from 5 through 15 March 1961, by a special court-martial. On 15 May 1961, he was found guilty of being AWOL, from 7 through 9 May 1961, by a summary
court-martial. Finally, on 12 January 1962, he was found guilty of AWOL, from
2 September through 22 December 1961, by a special court-martial.
While assigned to the Special Processing Detachment, Fort Riley, Kansas, the applicant was notified by his commander that separation action was being initiated to eliminate him from the Army under the provisions of paragraph 17 (Class II), Army Regulation 635-89, by reason of homosexuality. The reason cited for the action was the applicant’s self admission that he was a homosexual and that he had twice engaged in homosexual acts during his military service while assigned to the Post Stockade, Fort Riley, Kansas. The applicant consulted legal counsel, and after being advised of the basis for the contemplated separation action, he elected to waive consideration of his case by a board of officers, and he chose not to submit a statement in his own behalf.
The appropriate separation authority approved the applicant’s separation under the provisions of paragraph 17 (Class II), Army Regulation 635-89, and directed that the applicant receive an undesirable discharge (UD). On 12 March 1962, the applicant was discharged accordingly. At the time of his separation, he had completed a total of 8 months and 18 days of creditable active military service, and he had accrued 204 days of time lost due to AWOL and confinement.
On 5 July 1972, the Army Discharge Review Board determined that the applicant’s UD was proper and equitable and it denied his request for an upgrade of his discharge.
Army Regulation 635-89, in effect at the time, prescribed the authority, criteria, and procedures for the disposition of military personnel who were homosexual and military personnel who engaged in homosexual acts, or were alleged to have engaged in such acts. The regulation identified the specific classes of homosexuality and definitions that would be processed for separation under its provisions. In pertinent part, the regulation defined Class II cases as those in which personnel engaged in one or more homosexual acts during military service. No distinction is made in the handling of such cases based upon the active or passive participation of individuals. Enlisted members whose cases were processed as a Class II category normally were provided an UD, except an honorable or general discharge could be granted if the individual was awarded a personal decoration, or if warranted based on the particular circumstances in a given case.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board notes the applicant’s contention and desires that his characterization of service be upgraded to an HD. However, the Board finds an insufficient evidentiary basis to grant the requested relief.
2. The evidence of record confirms that by his own admission, the applicant engaged in homosexual acts during his military service. As a result, he was properly processed for separation in accordance with the applicable regulation in effect at the time.
3. The record further shows that the type of discharge directed and the reasons therefore were appropriate considering all the facts of the case. The Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the Board concludes that the applicant’s discharge is appropriate and accurately reflects the overall quality of his service.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
_EP_ __JI__ __RO_____ GRANT
________ ________ ___ GRANT FORMAL HEARING
________ ________ ___ DENY APPLICATION
| CASE ID | AR2003085449 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19620312 |
| DISCHARGE AUTHORITY | AR635-89 . . . . . |
| DISCHARGE REASON | Class II Homosexual |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 598 | 144.5700 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002074586C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable. The applicant’s commander submitted a request to discharge the applicant under the provisions of Army Regulation 635-89 on 23 October 1961.
ARMY | BCMR | CY2001 | 2001061136C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. However, his records indicate that on 17 July 1969 the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-89 for acceptance of discharge as a result of board action (Class II homosexual). Carl W. S. Chun Director, Army Board for Correction of Military RecordsINDEXCASE...
ARMY | BCMR | CY2002 | 2002082246C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 6 April 1962, the applicant signed a statement in which he admitted to participating in homosexual acts on three occasions with another soldier, whom he named. A discharge under other than honorable conditions may be issued only if there is a finding that during the current term of service the soldier attempted, solicited or committed a homosexual act in a location...
ARMY | BCMR | CY2011 | 20110015196
Under Secretary of Defense (Personnel and Readiness) memorandum, dated 20 September 2011, Subject: Correction of Military Records Following Repeal of Section 654 of Title 10, United States Code, provides policy guidance for Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to follow when taking action on applications from former service members discharged under DADT or prior policies. His record shows that days after his...
ARMY | BCMR | CY2004 | 20040000540C070208
The applicant requests that his discharge be upgraded from an undesirable discharge to an honorable discharge. He opined that his condition was not amenable to medical or psychiatric treatment in a military setting and recommended that the applicant be separated under the provisions of Army Regulation 635-89 (Personnel Separation (Homosexuals)). The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.
ARMY | BCMR | CY2003 | 2003091390C070212
He had engaged in homosexual relationships during the time he was enlisted and up until the present, but not with anyone in military service. There is no evidence that the applicant ever applied to the Army Discharge Review Board within that board's 15-year statute of limitations. The evidence of record clearly shows that the applicant admitted to being a homosexual no less than three times and signed sworn statements to that effect at least twice.
ARMY | BCMR | CY2004 | 2004101799C070208
On 8 May 1962, the applicant’s commander submitted a request to discharge the applicant under the provisions of Army Regulation 635-89 Personnel Separation (Homosexuality). The applicant’s personnel records contain an Standard Form 88 (Report of Medical Examination), dated 25 May 1962. On 8 June 1962, the applicant was discharged from active duty and was issued an under other than honorable conditions discharge under provisions of chapter 12 of Army Regulation 635-89, acceptance of...
ARMY | BCMR | CY2002 | 2002078517C070215
The Board notes the applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors and his characterization of service was appropriate based on regulatory guidance in effect at the time. Under current regulatory standards, Regular Army soldiers separated with less than 180 days of service will be considered in an ELS, and their separation and service will be uncharacterized, unless circumstances dictate an UOTHC is...
ARMY | BCMR | CY2006 | 20060007356C070205
On 10 December 1979, the applicant applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge. The evidence of record also shows that the ADRB reviewed the applicant's discharge and determined that he was properly discharged, but not equitably discharged. The evidence of record further shows that, during the period of service under review, the applicant’s military service record shows instances of indiscipline not associated with the reason he was recommended...
ARMY | BCMR | CY2001 | 2001058200C070420
The Board considered the following evidence: On 19 September 1962, the applicant was discharged under the provisions of Army Regulation 635-208, for unfitness, with a UD. He had completed 1 year, 9 months and 16 days of active military service and he had 89 days lost time due to being AWOL and in confinement.