| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. James E. Anderholm | Member | |
| Mr. Eloise C. Prendergast | Member |
APPLICANT REQUESTS: That his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 December 1995 be corrected to show, in item 11 (Primary Specialty) Military Occupational Specialty (MOS) 73C (Finance Specialist).
APPLICANT STATES: That he attended the complete MOS School. He provides a diploma from the US Army Finance School, dated 31 August 1995.
EVIDENCE OF RECORD: The applicant's military records were not available for review. Information herein was obtained from alternate sources.
On 19 April 1994, he enlisted in the Regular Army. He completed his required training on 31 August 1995 and was awarded MOS 73C.
On 4 December 1995, he was honorably separated under Army Regulation 635-200, chapter 7, based on his fraudulent entry. His separation document indicates he had 1 year, 7 months and 16 days of creditable service.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 7, paragraph 7-17, of that regulation provides, in pertinent part, that a fraudulent entry is the procurement of an enlistment, reenlistment, or period of active service through any deliberate material misrepresentation, omission, or concealment of information, which, if known and considered by the Army at the time of enlistment or reenlistment, might have resulted in rejection. This includes all disqualifying information requiring a waiver. A soldier who concealed his or her conviction by civil court of a felonious offense normally will not be considered for retention. Soldiers separated under this chapter may be awarded an honorable discharge, or a general discharge, or a discharge under other than honorable conditions. If in an entry level status the characterization will be uncharacterized.
Army Regulation 635-5 (Separation Documents) indicates, in pertinent part, that the MOS served in for at least 1 year will be entered indicating the years and months served. Basic and Advanced Individual Training will not be counted.
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 evidence clearly shows the applicant was awarded MOS 73C on 31 August 1995 and was separated on 4 December 1995. He did not serve for at least 1 year in the MOS 73C as required by the regulation.
2. 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.
3. 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
_JEA____ _ECP___ _FNE___ DENY APPLICATION
| CASE ID | AR2002076948 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020206 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19951204 |
| DISCHARGE AUTHORITY | AR 635-200, Ch 7 |
| DISCHARGE REASON | Fraudulent Entry |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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