| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Raymond V. O'Connor | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Eloise C. Prendergast | Member |
APPLICANT REQUESTS: That her Reentry Eligibility (RE) code be changed from RE-3 to RE-1.
APPLICANT STATES: That her recruiter told her that she should add her other two children to her Defense Enrollment Eligibility Reporting System (DEERS) when she got to basic training. In support of her application, she submitted a personal statement and a DD Form 1172 (Application for Uniformed Services Identification Card).
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 17 February 2000 for a period of four years. She successfully completed basic and advanced individual training and was awarded military occupational specialty 31U (Signal Support Systems Specialist). The applicant was assigned to Germany on 15 March 2001.
On 19 July 2001, the applicant's unit commander notified her of initiation of separation action under the provisions of Army Regulation 635-200, chapter 7, due to fraudulent entry. He cited as the specific reason her indicating she had only two children when in fact she had four children. She was advised of her rights. She acknowledged the notification of the pending separation action, consulted with legal counsel and did not submit a statement in her own behalf.
On 20 July 2001, the unit commander recommended that the applicant be discharged from active duty and that her service be characterized as honorable.
On 26 September 2001, the separation authority directed that the applicant be discharged with issuance of a general, under honorable conditions discharge.
The applicant was discharged on 26 September 2001 under the provisions of Army Regulation 635-200, chapter 7, by reason of fraudulent entry. She had completed 1 year, 7 months, and 10 days of creditable active service. She was given an RE code of RE-3 and a Separation Program Designator (SPD) code of “JDA” (Fraudulent Entry).
On 16 October 2002, the Army Discharge Review Board changed the applicant's characterization of service from "general, under honorable conditions" to "honorable."
Army Regulation 635-5-1 (SPD 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. The regulation shows that the separation program designator “JDA” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Fraudulent Entry” and that the authority for discharge under this separation program designator is “AR 635-200, Chapter 7”. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE code 3 as the proper reentry code to assign to soldiers separated for this reason.
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. Soldiers separated under this chapter may be awarded an honorable discharge, or a general discharge, or a discharge under other than honorable conditions.
Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes. The regulation states that RE–3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
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 was discharged under the provisions of Army Regulation
635-200, chapter 7, for fraudulent entry.
2. Records show the applicant was discharged with a separation code of "JDA" (Fraudulent Entry) and was assigned an RE code of RE-3 in accordance with the governing regulation in effect at the time.
3. The applicant has failed to show through the evidence submitted or the evidence of record the reentry code issued to her was in error or unjust.
4. However, the applicant's disqualification for reentry is waivable. Therefore, if she still desires to reenter the Army, the Board recommends that she contact her local recruiter to determine if she is eligible for applying for a waiver under current enlistment criteria.
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
RVO____ JPI_____ ECP_____ DENY APPLICATION
| CASE ID | AR2002081091 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030612 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090013030
The SPD code of "JDA" is the correct code for Soldiers separating under chapter 7 of Army Regulation 635-200 by reason of fraudulent entry. However, there is insufficient evidence to grant her the requested relief in this case. The applicants RE code was assigned based on the fact that she was discharged under the provisions of chapter 7 of Army Regulation 635-200 due to fraudulent entry.
ARMY | BCMR | CY2008 | 20080016558
The applicant requests, in effect, that item 24 (Character of Service), item 25 (Separation Authority), item 26 (Separation Code), item 27 (Reenlistment [RE] Code), and item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to her on 12 June 1989, which will simply be referred to as her DD Form 214 throughout the remainder of these proceedings, be changed. Item 27 (Relatives) of her DD Form 1966-series (Record of...
ARMY | BCMR | CY2012 | 20120002053
He has been to every recruiting office in his city and no recruiter will enlist him because of his separation code. On 22 February 2011, discharge proceedings were initiated under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 7, section V, for fraudulent entry. The separation code and RE code used in the applicant's case are correct and were applied in accordance with the applicable regulations.
ARMY | BCMR | CY2004 | 20040005281C070208
On 25 January 2002, the separation authority approved the applicant’s separation under the provisions of paragraph 7-17, Army Regulation 635-200, by reason of fraudulent entry, and directed that the applicant’s service be characterized as honorable. On 28 May 2004, the Army Discharge Review Board (ADRB) concluded that the applicant’s discharge was proper and there was no evidence of any error or injustice in his separation processing. The DD Form 214 issued as a result of the ADRB action...
ARMY | DRB | CY2012 | AR20120022476
She was 18 years old at the time of entry and a high school graduate. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: There are no counseling statements or UCMJ actions in the record. The applicants record is void of the specific facts and circumstances concerning the events which led to the former Soldiers discharge from the Army; however, the record contains a properly constituted DD Form 214, signed by the applicant, which indicates the applicant was discharged under the provisions of...
ARMY | BCMR | CY2008 | 20080013154
Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. However, there is no evidence of record which shows that the applicant fraudulently enlisted with the assistance of a recruiting official or counselor. The applicant has failed to show through the evidence submitted or the evidence of record that the separation code, the RE code, or the narrative reason...
ARMY | DRB | CY2009 | AR20090014611
Applicant Name: ????? Army Regulation (AR) 635-200, in pertinent part stipulates that a Soldier who was an applicant without a spouse at the time of enlistment and who executed the certificate required by AR 601210 will be processed for separation for fraudulent entry if custody of a child is regained during the current enlistment. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade...
ARMY | BCMR | CY2010 | 20100021886
The applicant did not disclose any law violations on his USAREC Form 1104-R-E (Enlistment Eligibility Questionnaire) or Standard Form (SF) 86 (Questionnaire for National Security Positions) during his Delayed Entry Program (DEP) in-processing; c. His criminal history shows: ARREST DATE CHARGE REMARKS 5 March 1997 Sexual Battery Misdemeanor 26 May 1998 Driving While Suspended Felony 17 August 1998 Obstructing Legal Process d. Applicant stated he did not disclose the charges because he had...
ARMY | DRB | CY2008 | AR20080007696
Facts and Circumstances: The evidence of record shows that on 18 November 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, paragraph 7-17, AR 635-200, by reason of fraudulent enlistment, for failure to list his arrest record as required on enlistment documents, with a general under honorable conditions discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military...
ARMY | DRB | CY2007 | AR20070014142
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 12 January 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, AR 635-200, by reason of fraudulent enlistment, she signed a DA Form 3286-69, certifying that her children had previously been placed and were in the custody of the other parent or another adult by court order; the applicant had her children in her physical custody with a honorable...