| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: In effect, that his narrative reason for separation be changed.
APPLICANT STATES: In effect, that the recruiter fraudulently enlisted him in the Army. He contends that he informed the recruiter of his prior civil record; however, the recruiter instructed him to not reveal this information, so he did not. He contends that the narrative reason for separation is in error and that the allegations are false and misleading. In support of his application, he submits a letter of explanation, dated 10 September 2001.
EVIDENCE OF RECORD: The applicant's military records show:
Item 40 (Involvement with Police or Judicial Authorities) on the applicant’s DD Form 1966/4 (Application for Enlistment - Armed Forces of the United States), dated 6 April 1977, shows the applicant answered “No” to item 40a (Have you ever been arrested, charged, cited or held by Federal, State, or other law enforcement or juvenile authorities regardless of whether the citation or charge was dropped or dismissed or you were found not guilty?).
His DD Form 1966/4 also shows the applicant answered “No” in item 40b (As a result of being arrested, charged, cited or held by law enforcement or juvenile authorities, have you ever been convicted, fined by or forfeited bond to a Federal, State, or other judicial authority or adjudicated a youthful offender or juvenile delinquent (regardless of whether the record in your case has been “sealed” or otherwise stricken from the court record)?).
The applicant enlisted in the Army on 25 April 1977 for a period of 3 years.
A background investigation revealed that the applicant concealed prior civil convictions of driving while under the influence in January 1976 and shooting with the intent to kill, wound, or maim in August 1973.
On 9 December 1977, the applicant was released from custody and control of the Army.
The applicant’s DD Form 214 with an effective date of 9 December 1977 shows that he was released from military service under the provisions of Army Regulation 635-200, chapter 14, for fraudulent entry (recruiter connivance). The specific incident of fraudulent entry was concealment of conviction by civil court. The applicant’s enlistment contract was voided and the time served during the period of voided service was not creditable for promotion or longevity.
Item 9c (Authority and Reason) on the applicant’s DD Form 214 (Report of Separation from Active Duty) shows the entry, “CHAP 14 AR 635-200 SPD YKG” [Chapter 14 Army Regulation 635-200 Separation Program Designator YKG].
Item 27 (Remarks) on the applicant’s DD Form 214 shows the entry, “Misconduct-fraudulent entry.”
Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time, states the reason for discharge based on separation code “YKG” is “Misconduct - fraudulent entry” and the regulatory authority is Section II, chapter 14, Army Regulation 635-200.
Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 14 of the regulation provided, in pertinent part, for the separation of personnel for misconduct - fraudulent entry due to concealment of conviction by civil court. The regulation also provided, in pertinent part, that the separation authority would void the fraudulent entry by issuing orders releasing the member from Army control for fraudulent entry in all cases involving alleged or verified connivance by recruiting officials. The purpose was to preserve the value of honorable service, preclude unmerited award of honorable discharges to individuals who, in many cases, would not be in the Army had their disqualifications been known at enlistment/reenlistment.
Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.
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. The Board considered the applicant’s contentions that his narrative reason for separation is in error and that the allegations are false and misleading. However, evidence of record shows the applicant procured enlistment in the Army by concealing prior civil convictions on his application for enlistment.
2. The applicant’s contention that he was fraudulently enlisted in the Army by his recruiter is supported by the evidence of record. Evidence of record shows that the applicant was discharged for fraudulent entry (recruiter connivance).
3. The Board also considered the applicant’s request that his narrative reason for separation be changed. However, the governing regulation in effect at the time states that the reason for discharge based on separation code “YKG” is “Misconduct – fraudulent entry” and the regulatory authority is Army Regulation 635-200, chapter 14. Therefore, there is no basis for granting the applicant’s request.
4. 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.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
FNE____ LE______ TL______ DENY APPLICATION
| CASE ID | AR2001063032 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020328 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | 19771209 |
| DISCHARGE AUTHORITY | 635-200 Chapter 14 |
| DISCHARGE REASON | Fraudulent entry (recruiter connivance) |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0200 (Narrative Reason) |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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