| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to a more favorable discharge.
APPLICANT STATES: In effect, that he enlisted in the Marine Corps at the age of 17, however, because he only had a 8th grade education, he could not pass any of the tests, so he was discharged under honorable conditions. Being not too bright and still wanting to serve his country, he enlisted in the Army and was transferred to Fort Knox, Kentucky, to undergo his training. He goes on to state that he completed his training and was scheduled to go on leave and then to Germany. However, his wife of 3 weeks reported that he had been in the Marines and was wanted by the police, which was a lie. He further states that his orders were flagged and after being scared by his sergeant, insinuating that he was going to prison, he did not know what to do and began going absent without leave. After a time, he received his report of separation (DD Form 214) in the mail. He continues by stating that he desires to apply for a position as an airport screener but does not believe that he will be accepted with an undesirable discharge.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 2 July 1953 and enlisted in the Regular Army in Columbus, Ohio, on 1 September 1971, for a period of 2 years. At the time of his enlistment he indicated that he had never served in any other branch of the Armed Forces nor had he been discharged from any other service. He also indicated that he had completed the 11th grade of his education.
He was transferred to Fort Knox to undergo his training. He successfully completed his basic combat training and remained at Fort Knox to undergo his advanced individual training (AIT). It appears that he initially started training as a radio operator and was subsequently transferred to training as a cook. He was advanced to the pay grade of E-2 on 1 January 1972.
On 2 May 1972, nonjudicial punishment (NJP) was imposed against him for being disrespectful in language towards a noncommissioned officer. His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay and extra duty.
On 23 August 1972, he was convicted by a special court-martial of being absent without leave (AWOL) from 11 May to 15 May 1972, from 24 May to 31 May 1972, from 5 June to 9 June 1972 and from 16 June to 24 July 1972. He was sentenced to confinement at hard labor for 30 days (suspended for 30 days).
On 28 August 1972, he underwent a mental status evaluation and was deemed to be mentally responsible, able to distinguish right from wrong, and to adhere to the right.
On 28 August 1972, the applicant was also notified by his commander that he was being recommended for separation from the service under the provisions of Army Regulation 635-206, for fraudulent entry, based on his concealment of his prior service in the Marine Corps (1 September to 30 September 1970), at the time of his enlistment. After consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.
On 5 September 1972, the applicant’s commander initiated a recommendation for discharge from the service for fraudulent entry under the provisions of Army Regulation 635-206. He provided discharge documents from the Marine Corps and indicated that since the applicant’s fraudulent entry into the Army, he had four periods of AWOL, two periods of confinement, one record of NJP, one court-martial conviction and had been dropped from the rolls of the Army three times.
The appropriate authority (a major general) approved the recommendation for discharge on 13 September 1972 and directed that he be furnished an Undesirable Discharge Certificate.
Accordingly, the applicant, while still in a trainee status, was discharged under other than honorable conditions on 20 September 1972, under the provisions of Army Regulation 635-206, for fraudulent entry. He had 87 days of lost time and his service was voided and he signed his DD Form 214 on the day of his discharge.
A review of the available records fails to show that he ever completed his AIT or that he received orders transferring him from Fort Knox. There is also no evidence to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
Army Regulation 635-206, in effect at the time, set forth the basic authority for separation of personnel for misconduct. Section V of the regulation provided, in pertinent part, that individuals who concealed information that would serve as a disqualification at the time of enlistment, were subject to be discharged. An undesirable discharge was normally considered appropriate.
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 discharge was administratively correct and in conformance with applicable regulations, with no indication of any violations of any of his rights.
2. Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.
3. The applicant’s contentions have been noted by the Board; however, they are not supported by the evidence submitted with his application or the evidence of record. Therefore, the Board finds that given the extensive amount of his absence and his overall undistinguished record of service, his discharge appropriately characterizes the period of service in question.
4. 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
___ls ___ ___wdp _ __be____ DENY APPLICATION
| CASE ID | AR2002076266 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/12/17 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 1972/09/20 |
| DISCHARGE AUTHORITY | AR635-206 |
| DISCHARGE REASON | FRAUD ENTRY |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 644 | 144.6200/A62.00 |
| 2. | |
| 3. | |
| 4. | |
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| 6. |
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