| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: In effect, that he be issued an honorable discharge.
APPLICANT STATES: That he was released from the Army for fraudulent entry because of charges he had from the age of 13, which the Army deemed as felonies and the State of California deems as adjudications. He goes on to state that he answered honestly at the time he entered the Army and has suffered the consequences long enough. He also states that he was unaware of the existence of the Board.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was born on 28 December 1959 and enlisted in Montgomery, Alabama, on 23 June 1981, for a period of 3 years and training as a radio operator.
At the time of his enlistment, he indicated in item 36 of his enlistment contract (DD Form 1966/5), where it explained to him that failure to reveal any previous records of arrests or convictions or juvenile court adjudications could result in disciplinary action and/or separation from the service under other than honorable conditions, that he had only received three traffic tickets in 1979 and 1980.
He completed his basic training at Fort Leonard Wood, Missouri, and was transferred to Fort Gordon, Georgia, to undergo his advanced individual training (AIT).
On 3 November 1981, he went absent without leave (AWOL) and remained absent until he was apprehended by civil authorities on 22 January 1982 and was returned to military control at Fort McArthur, California. He again departed AWOL on 27 January 1982 and remained absent until he was apprehended by civil authorities in Redundo, California, and was returned to military control on 18 February 1982, at Fort McArthur. He was then transferred to Fort Ord, California.
On 6 April 1982, the applicant was advised of his rights and was informed that he was suspected/accused of concealing his records as a juvenile offender. The applicant waived his rights and gave a sworn statement to the effect that he was arrested in Gardena, California, on 1 November 1974, for charges of murder, kidnapping, armed robbery and burglary. He was placed in juvenile hall for approximately 5 months before he was found guilty of all charges and was remanded to the California Youth Authority, under whose control he remained until he was paroled in April 1978.
On 9 April 1982, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 14-4b(4), for misconduct because he concealed his records as a juvenile offender. The applicant consulted with counsel and waived his rights. He also elected not to submit a statement in his own behalf.
The appropriate authority (a major general) approved the recommendation for separation on 3 February 1983 and directed that his fraudulent enlistment be voided.
Accordingly, he was released from custody and control of the Army on 11 February 1983, under the provisions of Army Regulation 635-200, paragraph 14-4b(4), for misconduct-fraudulent entry. He received no characterization of service and his service was voided.
A review of his records shows that a charge sheet was prepared for the AWOL offenses. However, there is no evidence or explanation as to why they were never preferred.
The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge in 1986. He was informed on 15 November 1986, by officials at the Army Reserve Personnel Center in St. Louis, Missouri, that the ADRB could not review his case and that he must apply to this Board. He was provided a DD Form 149 as well.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of that regulation, in effect at the time, established policy and procedures for separating members for fraudulent entry. It stated, in pertinent part, that in those cases where court-martial charges are not pending or contemplated, commanders will void the fraudulent entry by issuing orders releasing the member from Army control for fraudulent enlistment. Service performed prior to the date of separation is not creditable and service for fraudulent entry will be uncharacterized.
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 applicant’s administrative release was administratively correct and in conformance with applicable regulations, with no indication of any violations of the applicant’s rights.
2. Accordingly, the applicant was properly released from the custody and control of the Army and all service performed by the applicant was properly voided in accordance with applicable regulations. Additionally, his service was not characterized and there is no basis to do so at this time.
3. The applicant’s contentions have been noted by the Board and are not supported by the evidence of record. The instructions on the enlistment contract were very specific and left nothing to discretion in this matter. However, the applicant clearly chose not to reveal his juvenile arrests, convictions and adjudications at the time of his enlistment.
4. Notwithstanding the fraudulent entry issue, the Board finds that given his periods of AWOL before he had completed his AIT, had the chain of command decided to pursue the matter, his service would at best be characterized as under other than honorable conditions. Accordingly, the Board finds no basis to issue him a discharge of any type.
5. 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.
6. 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
_mvt____ ___jhl___ __rtd____ DENY APPLICATION
| CASE ID | AR2002075059 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/10/17 |
| TYPE OF DISCHARGE | UNCHAR |
| DATE OF DISCHARGE | 1983/02/11 |
| DISCHARGE AUTHORITY | AR635-200/CH14 |
| DISCHARGE REASON | FRAUD ENTRY |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 644 | 144.6200/A62.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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