| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. . | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Robert L. Duecaster | Member |
APPLICANT REQUESTS: That his separation from active duty be changed to an honorable discharge.
APPLICANT STATES: In effect, that his recruiter instructed him to lie about his criminal conviction. He only recently found out that if he had disclosed it he could have been granted a waiver. He states that he would like to reenlist in the Army Reserve. He submitted several documents in support of his application. These include: A letter from his wife to the effect that he is a law abiding citizen and states that, since he always finishes what he starts he wants to become a soldier again and serve his country. A copy of a marriage license shows they have been married since 9 July 1983. A September 2000 executive order from the state governor restored the applicant's right to possess firearms and a certificate of completion from a firearms safety course. He readdressed his state appeal to the members of this Board and states the he is seeking mercy and forgiveness. He apologized to those he had offended and states that his offenses will not occur again and he attached unsigned letters from his wife and sister and an abstract in-house newsletter indicating that the applicant has been a county employee for 20 years. A statement from the clerk of the court reflects successful completion of his 1970's sentences.
EVIDENCE OF RECORD: The applicant's military records show:
He entered the delayed entry program on 22 May 1979. On his enlistment application, he answered no to all questions relating to substance abuse, mental health and prior arrests, convictions, probation and related issues. The applicant entered active duty on 14 August 1979.
A national agency check for security clearance revealed that, between February 1972 and 1979 the applicant had been arrested for or charged with vagrancy, attempted breaking and entering, breaking and entering, aggravated assault and possession of a firearm in connection with a felony and possession of a firearm by a felon. Prior to adjudication of the attempted breaking and entering charge, he had been confined for 90 days and assigned 5 years probation. He was sentenced to 3 years probation on the breaking and entering offense.
The applicant was advised of contemplated separation for fraudulent entry on 27 September 1979. He consulted with counsel and acknowledged that he did not have the rights to appear before a board of officers or to be represented by counsel. He maintained that there was recruiter connivance in his enlistment and submitted a statement to the effect his recruiter had told him that he was only required to report convictions within the last 3 months.
The intermediate commanders recommended that the applicant be separated and on 21 November 1979 the separation authority directed that the applicant's fraudulent entry be voided. He was released from the custody and control of the U.S. Army on 28 November 1979.
Army Regulation 635-200, Chapter 14, as then in effect, set forth the policy and procedures for the administration of individuals who had obtained an enlistment by fraudulent means. It provided that, when separation was appropriate, the enlistment of such an individual was to be voided. An individual could be processed for separation with a undesirable discharge or the case could be referred to trial by court-martial when deemed appropriate. An individual was entitled to a board of officers a representation only in those cases where an undesirable discharge was being considered.
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 has noted the contentions of the applicant; however, they are not supported by either the evidence of record or that provided with the application. The separation process was completed in accordance with applicable law and regulations and the applicant's service was appropriately voided.
2. The documentation that he supplied and the implied argument that his post-service behavior is so meritorious as to warrant the requested relief has been carefully considered. However, there is no evidence to show that the applicant would have been granted a waiver and no reason to believe that he would have been. While the evidence of post-service conduct tends to show that the applicant has become a law-abiding citizen and a reliable worker; an honorable or even a general discharge is issued in recognition of service faithfully rendered and the applicant, essentially, did not serve at all.
3. 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.
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
___SAC_ __MDM__ ___RLD _ DENY APPLICATION
| CASE ID | AR2002081048 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030508 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
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