ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 19 February 2019 DOCKET NUMBER: AR20160011533 APPLICANT REQUESTS: An upgrade of his general discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation from the Armed Forces of the United States) * Certification of Military Service * Self-Authored Statement FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states at the time of his service, he had emotional issues brought on by fear of discovery (of homosexuality) and reprisal. The emotional issues expressed themselves through severe stomach problems. He sought help from a psychiatrist who realized that discharge for homosexuality would be very destructive to his future employment potential, so he pursued the related physical issues to obtain his separation from the Army. He would like the opportunity of obtaining insurance through USAA, but they will not accept other than a full honorable discharge. Considering the current military policy about homosexuality, he is requesting that his status be changed to honorable discharge. a. In August 1990, he received NA Form 13045 (i.e. 13038) (Certification of Military Service) and indicated they found his records, but the DD Form 214 was so poor that it was illegible so the NA Form 13036 (i.e. 13038) was provided for proof of service and condition of discharge. b. Although he is 89 years old, he would like the public record of his service to reflect his sincere wish to have served his country totally with honor. c. In those days, matters were such that homosexuality was punishable and discharge was humiliating. Pressure which had endured during his young life became very severe and the specter of punishment so great that he sought guidance from a psychiatrist who agreed that he should not remain in the service. The psychiatrist proceeded to find some means of discharge which was accomplished after embarrassing and threatening interviews with the Criminal Investigation Division (CID) who suspected him of malingering. d. Considering his good intent to serve his country and living an honorable life as well as the current rules for homosexuality in the military, he would like his discharge to reflect no question on his character. 3. The applicant provides a Certification of Military Service, which shows he was discharged on 4 October 1951 and issued a general, under honorably conditions discharge. 4. The applicant's military records are 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. This case is being considered using a reconstructed record, which primarily consists of faded, illegible DD Form 214. a. On 15 November 1950, he enlisted in the Regular Army. b. His DD Form 214 shows he has no record of days lost. c. The facts and circumstances surrounding his discharge are not available for review with this case, however, on 4 October 1951, he was discharged under the provisions of Army Regulation (AR) 615-369 (Enlisted Personnel – Discharge – Inaptitude or Unsuitability). He was furnished a General Discharge Certificate. 5. By regulation, individuals who demonstrate inaptitude or unsuitability for military service, but whose psychiatric or physical condition is not such as to warrant discharge for disability will be disposed of under AR 615-369. An individual discharged for inaptitude or unsuitability will be furnished a General Discharge Certificate. 6. In reaching its determination, the Board can consider the applicant’s petition in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that relief was not warranted. Because the applicant provided no corroborating evidence to his statement that his discharge related to homosexual conduct, and there being no other evidence in the service member’s record relating to homosexual conduct, the Board found by the totality of the circumstances that no injustice or correction of record needed. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : 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. SIGNATURE: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 615-369 (Enlisted Personnel – Discharge – Inaptitude or Unsuitability), in effect at the time, provided for the discharge of individuals who have demonstrated inaptitude or unsuitability for military service, but whose psychiatric or physical condition is not such as to warrant discharge for disability. a. Inaptitude – Discharge for inaptitude will be effected when it is determined that an individual does not possess the required degree of adaptability for military service after reasonable attempts have been made to reclassify and reassign him in keeping with his abilities and qualifications. This includes individuals whose inaptness may be due to lack of general fitness, want of readiness or skill, or unhandiness. b. Unsuitability: (1) Discharge for unsuitability will be effected when it is determined that an individual is unsuitable for further military service because of any of the following reasons: lack of stamina, character or behavior disorders, mental deficiency, apathy, nonpersistent but temporarily disruptive reactions to acute or special stress, enuresis. (2) Care will be taken to differentiate between the individual who is definitely psychologically maladjusted and therefore manifests reactions and conditions as indicated above and one who manifests unfitness. Care will be taken also to determine the question of responsibility of the individual for his acts; doubtful cases will be referred to a board of officers. (3) It is generally accepted medical and psychiatric opinion that enuresis is not necessarily a habit. It may be a symptom of some underlying mental or physical condition. Underlying causes or enuresis may be an organic disease, psychoneurosis, psychosis, psychopathic personality, lack of proper juvenile training, or mental deficiency. In each case a complete mental and physical evaluation of the person afflicted will be accomplished by qualified medical officers, and a decision made as to disposition. c. An individual discharged for inaptitude or unsuitability will be furnished DD Form 257A (General Discharge Certificate). 3. AR 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, states an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier’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. 4. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. ABCMR Record of Proceedings (cont) AR20160011533 2 1