PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 December 2001
         DOCKET NUMBER: AR2001060601


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. William Blakely		Analyst

The following members, a quorum, were present:

Ms. JoAnn H. Langston		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Eric N. Andersen		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

---

2. The applicant requests, in effect, that his Certificate of Release or Discharge From Active Duty (DD Form 214) be changed to show his correct Social Security Number (SSN), date of birth (DOB), reason for separation, and length of service.

3. The applicant states, in effect, to show proof of his military service to receive Veterans and state benefits and health care his SSN, DOB, reason for separation, and length of service must be corrected.

4. The applicant’s military records show that on 1 May 1979, he enlisted in the Regular Army for 3 years. He successfully completed training and was awarded military occupational specialty (MOS) 95B (Military Policeman).

5. Upon his enlistment into the Regular Army, the applicant completed a
DD Form 1966/2 (Application for Enlistment-Armed Forces of the United States), in which, he marked “No” in block 24 responding to the question “ Are you now or have you ever been in any Regular or Reserve branch of the Armed Forces or in the Army National Guard or in the Air National Guard.” This form also records his DOB as 6 August 1954 and shows it was verified by birth certificate file number 656970.

6. The SSN Number contained in the applicant’s enlistment contract and in the records created and maintained during his active duty tenure in the Army is the same and was consistently used on all records and documents throughout his Army service.

7. The applicant’s record documents no acts of valor, significant achievement, or service warranting special recognition and confirms that the highest rank he attained while on active duty was private first class/E-3 (PFC/E-3). However, it does show a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) on the following two occasions for the offenses indicated:
17 April 1980, for being disrespectful to a non-commissioned officer; and
26 November 1980, for dereliction of duty.

8. In addition, the applicant’s Personnel Qualification Record (DA Form 2-1) indicates, in item 35 (Current and Previous Assignments), that he was absent without leave from his unit for 4 days from 1 to 4 September 1979.

9. On 7 December 1981, the applicant was advised of his rights under Article 31, of the Uniform Code of Military Justice (UCMJ), by his unit commander in regard to the applicant’s possible fraudulent enlistment in the Army. During this counseling session, he acknowledged that he had previously served in the United States Air Force, from 28 April 1972 to 23 July 1972, and had been discharged based on his inability to adapt to military service. He also admitted that he had lied about this prior service in order to gain entry into the Army.

---

10. On 29 January 1982, the applicant was notified by his commander that separation action was being initiated to eliminate him from the Army under the provisions of Army Regulation 635-200, paragraph 14-4b(1), for fraudulent enlistment. The commander cited the applicant’s disciplinary problems and his not revealing his prior service as the basis for initiating the separation action.

11. On 16 March 1982, the appropriate authority approved the applicant’s separation and directed he receive a general, under honorable conditions discharge. On 26 March 1982, the applicant was discharged accordingly, after having served 2 years, 10 months, and 22 days of active military service on his Army enlistment.

12. The DD Form 214, issued to and authenticated by the applicant with his signature on the date of his separation, contained the SSN listed in the applicant’s enlistment contract and in the records created and maintained during his active duty Army service. In addition, item 5 (DOB) contained the entry “540906” and item 12c (Record of Service-Net Active Service This Period) confirmed that he completed 2 years, 10 months, 22 days of active service this period.

13. There is no evidence that the applicant applied to the Army Discharge Review Board for a reason change of his discharge within its 15-year statue of limitations.

14. Army Regulation 635-200 establishes policy and prescribes procedures for separation of enlisted personnel. Paragraph 14-4b(1) states that fraudulent entry is the procurement of an enlistment, induction, or period of active service through any deliberate material misrepresentation, omission, or concealment which, if known, might have resulted in rejection. Any incident which meets the foregoing, may be cause for discharge for fraudulent entry.

CONCLUSIONS:

1. The evidence of record confirms that the SSN listed in the applicant’s enlistment contract and in the records created upon his enlistment in the Army and maintained throughout his active duty tenure in the Army was the same.

2. The Army has an interest in maintaining the accuracy of its records and the information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In this case, the SSN recorded in the applicant’s enlistment contract, the military records created upon his enlistment in the Army, and in all documents published during his active duty tenure in the Army is consistent.

---

3. Consequently, lacking independent verification from the Social Security Administration that confirms that the SSN recorded in the applicant’s Army records was in error at the time it was used, the Board finds no error in the existing Army military records and no basis for changing it at this time.

4. The evidence clearly shows that the applicant concealed his prior service in the Air Force in order to enlist in the Army and as a result was discharged by reason of fraudulent enlistment. His separation processing was accomplished in compliance with applicable regulations and 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. Further, the Board finds that the reason for discharge directed was both proper and equitable considering all the facts of the case.

5. The evidence of record confirms that the applicant’s length of service is properly listed in item 12c of his DD Form 214. The applicant entered active duty in the Army on 1 May 1979 and separated on 26 March 1982. A computation of this period of service results in a net active service total of 2 years, 10 months, and 26 days; however, when the 4 day period of AWOL, which is confirmed in item 35 of the applicant’s DA Form 2-1, is subtracted from this total, the net active service total becomes 2 years, 10 months, and 22 days, which is the length of service entry contained in item 12c of the separation document. Therefore, the Board finds no basis for a change to this length of service as requested by the applicant.

6. The DOB listed in the applicant’s DD Form 1966/2 (Application for Enlistment-Armed Forces of the United States) was 6 August 1954. This DOB was verified by the birth certificate file number 656970. Therefore, the Board finds the DOB entered in the applicant’s separation document is incorrect and it concludes that it would be appropriate to correct it at this time.

7. Finally, the applicant is advised that for clarity purposes, this decisional document along with the supporting material will be filed in his Official Military Personnel File (OMPF). This should serve to prevent any confusion created by the difference in his current SSN and the SSN under which his military service was performed.

8. In view of the foregoing, the applicant’s records should be corrected as recommended below.

---

RECOMMENDATION:

1. That all of the Department of the Army records related to the individual concerned be corrected by showing his DOB as 6 August 1954 and by providing him a corrected DD Form 214, dated 24 March 1982, that changes the DOB listed in item 5 as indicated.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__JHL__ _ _MKP__ __ENA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __JoAnn H. Langston__
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001060601
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2001/12/04
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT(PARTIAL RELIEF)
REVIEW AUTHORITY
ISSUES 1.	110.0200
2.
3.
4.
5.
6.