ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 August 2020 DOCKET NUMBER: AR20190015528 APPLICANT REQUESTS: reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision as promulgated in Docket Number AR1999023195 on 14 April 1999. Specifically, she requests an upgrade of her under honorable conditions (general) discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) in lieu of DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation from Active Duty) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR1999023195 on 14 April 1999. 2. Although the applicant does not provide a new argument or evidence, the repeal of Title 10, U.S. Code, section 654 (commonly referred to as Don't Ask, Don't Tell (DADT)), allows correction to service members records if they were discharged under DADT or prior policies. Based on the change in law and subsequent Department of Defense (DOD) policy, her request warrants consideration. 3. 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 her records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. This case is being considered using reconstructed records and the two previous ABCMR cases. 4. The applicant enlisted in the Regular Army on 15 July 1955. After completion of initial entry training, she was awarded military occupational specialty (MOS) 912.10 (Medical Specialist). She was assigned to Fort Ord, CA as her first duty assignment. 5. The applicant's record and previous ABCMR Record of Proceedings indicate the following (see attachments): a. The applicant submitted a DD Form 149, dated 4 June 1975, requesting she received a "better type of discharge" instead of her "undesirable" (known also as an under other than honorable conditions discharge). She stated at the time of her discharge, homosexuals were considered to be security risks and sick. However, the American Psychiatric Association no longer considered the behavior as sick and they are socially and psychologically no different than heterosexuals in performance of duties in employment. b. On 3 March 1976, the Board determined that due to present concepts concerning such behavior that her undesirable discharge was unjust. The Board elected to correct her records to show that she was separated from the Army with a General Discharge Certificate. c. The applicant submitted an application for reconsideration of the previous ABCMR case to upgrade her under honorable conditions (general) discharge to an honorable discharge on 14 January 1998. The applicant stated the discharge was for homosexual acts and discharges for this reason are now to be considered as honorable. d. The Board determined under the governing regulations and standards at the time that an upgrade to an honorable discharge was without merit and denied her request. 6. The applicant provides a DD Form 214 (Report of Separation from Active Duty) that shows she was discharged with an under honorable conditions (general) characterization of service on 10 May 1956. It further shows she completed 9 months and 26 days of total active service. It does not show an entry in item 9c (Authority and Reason) or item 10 (Reenlistment Code). 7. The Under Secretary of Defense for Personnel and Readiness memorandum, dated 20 September 2011, subject: Correction of Military Records Following Repeal of Section 654 of Title 10, U.S. Code, provides policy guidance for Service Discharge Review Boards (DRB's) and Service Boards for Correction of Military/Naval Records (BCM/NR's) to follow when taking action on applications from former service members discharged under DADT or prior policies. When appropriate, Soldiers separated for homosexuality should now have their reason for discharge, separation code, and RE code changed. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board agreed the applicant's case falls under the parameters of the Under Secretary of Defense for Personnel and Readiness memorandum, dated 20 September 2011, subject: Correction of Military Records Following Repeal of Section 654 of Title 10, U.S. Code. The Board determined the evidence supports correction of the applicant's record to show she was honorably discharged by reason of Secretarial authority. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR1999023195, dated 14 April 1999. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing her DD Form 214 to show in the appropriate blocks: * narrative reason for separation – "SECRETARIAL AUTHORITY" * separation program designator code – "JFF" * character of service – "HONORABLE" * reentry code – "1" 9/18/2020 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. REFERENCES: 1. Army Regulation 635-89 (Personnel Separation - Homosexuals), dated 21 January 1955, in effect at the time, prescribes criteria and procedures for the investigation of homosexual personnel and their discharge from the Army. a. It stated, in pertinent part, that homosexuals are unfit for military service and normally will be furnished an undesirable discharge because their presence impairs the moral and discipline of the Army; and that; however, convening authorities may approve an honorable or general discharge if the individual has performed service over an extended period and the convening authority determines that the best interest of the service would be served thereby. b. When enlisted personnel are administratively discharge from the service under these regulations, the specific reason and authority for discharge (item 8, DD Form 214) will be entered as "AR 635-205 (Army Regulation 635-205 (Personnel Separation - Discharge and Release - Convenience of the Government) and AR 635-89 SPN (Separation Program Number) 29." 2. DADT policy was implemented in 1993 during the Clinton presidency. This policy banned the military from investigating service members about their sexual orientation. Under that policy, service members may be investigated and administratively discharged if they made a statement that they were lesbian, gay, or bisexual; engaged in physical contact with someone of the same sex for the purposes of sexual gratification; or married, or attempted to marry, someone of the same sex. 3. Under Secretary of Defense for Personnel and Readiness memorandum, dated 20 September 2011, subject: Correction of Military Records Following Repeal of Section 654 of Title 10, U.S. Code, provides policy guidance for Service Discharge Review Boards (DRB's) and Service Boards for Correction of Military/Naval Records (BCM/NR's) to follow when taking action on applications from former service members discharged under "Don't Ask, Don't Tell" or prior policies. This memorandum states, effective 20 September 2011, Service DRB's should normally grant requests in these cases to change the: * narrative reason for discharge to "SECRETARIAL AUTHORITY" * separation program designator code to "JFF" * character of service to honorable * RE code to an immediately-eligible-to-reenter category //NOTHING FOLLOWS//