IN THE CASE OF:	  

		BOARD DATE:	  23 December 2008

		DOCKET NUMBER:  AR20080011913 


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 through a Member of Congress, in effect, that her general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).

2.  The applicant states, in effect, that having come from a dysfunctional home, she hoped to find stability, solidity, and camaraderie through a career in the Army.  However, because she was the friend of a married woman who turned out to be a lesbian, she was also investigated.  She claims she was relentlessly intimidated, coerced, and verbally abused.  Under this duress, she falsely admitted to being gay.  

3.  The applicant provides the following documents in support of her application:  Self-Authored Statement; United States Senate Letter, dated 14 July 2008; Congressional Tasker with associated documents; Separation Document 
(DD Form 214, Armed Forces of the United States Report of Transfer or Discharge); and Discharge Certificate.

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 military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  This case is being considered using the applicant’s DD Form 214.

3.  The applicant’s DD Form 214 shows that she enlisted in the Women's Army Corp (WAC) and entered active duty on 31 May 1960 and was trained in and awarded military occupational specialty (MOS) 711.10 (Clerk Typist).  

4.  The applicant's DD Form 214 shows served on active duty for 2 years and 
7 months until being separated under the provisions of Army Regulation 635-89, by reason of "Class II Homosexual" and receiving a GD.  The applicant authenticated this document with her signature in Item 34 (Signature of Person Being Transferred or Discharged.

5.  Army Regulation 635-89, in effect at the time, provided the authority for the separation of enlisted personnel for homosexuality.  It provided three classes and mandated the specific separation action to take for each as follows:  Class I-Invasion of another’s rights, general court-martial;  Class II-Acts, undesirable discharge (UD); and Class III Tendencies, HD or GD.  A change to the regulation published on 8 April 1959 provided for the separation authority to grant a discharge other than a UD to members separated under Class II if warranted by the member's overall record of service; however, an UD was still considered appropriate and normal.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s 

service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her GD should be upgraded to an HD because while under duress she falsely confessed to being gay and only after being coerced and relentlessly investigated has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  The applicant’s records were not available to the Board for review and there are no facts and circumstances concerning the specific events that led to her discharge from the Army.  However, the independent evidence provided by the applicant provides no indication that her service was sufficiently meritorious to warrant the issue of an HD by the separation authority at the time or that is supports an upgrade at this time.  Further, there is no indication that there was any error or injustice associated with her separation processing.  Absent evidence to the contrary, it is presumed that the applicant’s separation processing was accomplished in accordance with the applicable regulation, that all requirements of law and regulation were met, and that the rights of the applicant were protected throughout the separation process.  

3.  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)                                         AR20080011913



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ABCMR Record of Proceedings (cont)                                         AR20080011913



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