MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 May 1999                  
	DOCKET NUMBER:   AR1998012631

	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.

	Mr. Loren G. Harrell		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Margaret V. Thompson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, correction of her DD Form 2l4 (Report of 
Separation from Active Duty) to show that she served on active duty until May 1956. 

APPLICANT STATES:  In essence, that as the result of an “amnesty program” back in the 1980’s, her service was extended through May 1956.  She needs to have a DD Form 215 (Correction to DD Form 214) issued to show this extension of service.  She submits a request for correction of her records (Standard Form l80) and a copy of a DD Form 256A (Honorable Discharge Certificate), issued on 
2 May 1956.  
 
EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

She enlisted in the Regular Army on 2 November 1950 for 3 years.  She was trained as a clerk typist.  She was assigned to Japan in late December 1951.  She also may have served part of her oversea tour in Korea.  On 2 May 1952, she was discharged with a general discharge, under honorable conditions, under the provisions of Army Regulations 635-365 and 600-443, by reason of homosexual acts.  She was credited with 1 year, 5 months and 23 days of active service and 8 days lost time (circumstances and dates are unknown).

On 20 September 1978, the applicant appeared before a travel panel of the Army Discharge Review Board (ADRB) in California.  The Board voted unanimously to upgrade her characterization of service to fully honorable, and to change the reason for discharge to by authority of the Secretary of the Army.  

Upon completion of that board’s actions, a new DD Form 214 was issued.  That document showed in item 15, that she entered the service on 2 November 
1950 (50 11 02) and in item 9d that the effective date of her separation was 
2 May 1952 (52 05 02).  At the same time, a DD Form 256A was issued.  That form stated, in pertinent part, that she was honorably discharged “…on the 2nd day of May 1956.”  

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.  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, in this case, has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The Board notes that the applicant’s DD Form 214 shows that she served on active duty from 2 November 1950 through 2 May 1952.  There is no evidence that these dates are in error.  

3.  The Board is not aware of any “amnesty program” which existed in the Army in the 1980’s that would have affected a soldier’s length of service;  therefore, this Board must assume that the applicant is referring to the action taken by the ADRB on 20 September 1978 to upgrade her discharge.  This resulted in the issuance of a new DD Form 2l4, and a DD Form 256A to show that she received a fully honorable discharge.  

4.  However, the upgrade action by the ADRB in no way affected her period of service.  Therefore, this Board must conclude that the DD Form 256A contains an administrative/typing error by showing that she was discharged on 2 May 1956.  The year shown should have been 1952.

5.  Accordingly, while there is no basis for granting the applicant’s request, a corrected DD Form 256A should be issued to her showing the correct year of discharge.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  That upon receipt of this action, prior to returning the case to file, that a new DD Form 256A be issued to the applicant by the Army Review Board Agency Support Division-St. Louis, showing that she was honorably discharged on 2 May 1952. 

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__EMW__  __HOF__  __MVT__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012631	
SUFFIX		
RECON		
DATE BOARDED	19990520	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19520502	
DISCHARGE AUTHORITY	AR635-200, C5	
DISCHARGE REASON	A12.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.