| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Hubert O. Fry | Member | |
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: That his reenlistment in the Army Reserve on 2 April 1979 be voided.
APPLICANT STATES: He was not eligible for military service because he was medically discharged on 24 August 1967, had six children, and had a felony conviction in February 1969. In support of his application, he submitted a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a DD Form 4/1 (Enlistment/Reenlistment Document) for enlistment on 2 April 1979 in the U. S. Army Reserve; enlistment orders, dated 2 April 1979; and six birth certificates for his children.
EVIDENCE OF RECORD: The applicant's military records for his service in the Army of the United States only are available. U. S. Army Reserve records are not available. Information pertaining to that service was obtained from the 2 April 1979 enlistment documents provided by the applicant.
The applicant was inducted into the Army on 8 February 1967. He was assigned to Fort Dix, New Jersey, for basic combat training.
Records show the applicant was absent without leave (AWOL) from 15 February 1967 to 6 March 1967.
On 19 June 1967, he was convicted by a special court-martial of being AWOL from 7 March 1967 to 9 June 1967 and for breaking restriction. He was sentenced to confinement at hard labor for six months and forfeiture of $60.00 for six months.
On 25 July 1967, the applicant was evaluated by a Medical Evaluation Board (MEB) and was diagnosed as having an ulcer, duodenum. The MEB determined that he was physically unfit for retention on active duty and recommended that he be separated from military service under the provisions of Chapter 9 of Army Regulation 635-40. He was discharged on 24 August 1967 under the provisions of Army Regulation 635-20A, due to a physical disability by a medical board with an honorable discharge. He had 4 months and 3 days of total active military service and was issued RE codes of RE-3, 3A, and 3B.
The applicant stated in his letter that he was convicted of manslaughter in Paterson, New Jersey on or about 2 April 1969. He stated that he was sentenced to a 7-year indeterminate sentence, was paroled on 14 December 1970, and was discharged in 1972 after serving 18 months on parole.
The applicant provided a copy of his enlistment contract, dated 2 April 1979.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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.
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. 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.
2. The enlistment contract submitted by the applicant in support of his claim shows he enlisted in the U. S. Army Reserve on 2 April 1979.
3. The Board notes the applicant's statements regarding his felony conviction on 2 April 1969. However, there is no evidence of record available to the Board to show that he actually served in the U. S. Army Reserve. In the absence of such evidence, the Board presumes that his enlistment on 2 April 1979 was voided at the time.
4. Based on the lack of evidence in this case, 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
AAO____ HOF_____ MMB____ DENY APPLICATION
| CASE ID | AR2003084879 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20031016 |
| 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 | CY2001 | 2001059963C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: 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:
ARMY | BCMR | CY2002 | 2002075059C070403
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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...
ARMY | BCMR | CY2011 | 20110014230
The applicant states, in effect: a. the 2 June 2011 Army Board for Correction of Military Records (ABCMR) decision was and is a fraud. The applicant provides: * U.S. District Court for the District of New Jersey document, dated 14 July 1966 this document was previously considered by the Board * Two newspaper articles * VA Form 21-4138 (DVA Statement in Support of Claim), dated 28 June 2011 * Letters, dated 15 August 2011, 21 July 2011, 15 July 2011, 24 June 2011, and 24 August...
ARMY | BCMR | CY2010 | 20100021773
His DD Form 47 (Record of Induction) shows he was in the custody of the law at the time he was inducted into the Army of United States. Paragraph 5-5b of the same regulation states that an individual claiming erroneous induction because of a procedural right as provided by the Military Selective Service Act of 1967 may submit a request for release from custody and control of the Army. The available evidence shows he was charged with a Selective Service violation on 15 June 1966, for...
ARMY | BCMR | CY2006 | 20060004036C070205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He had completed 6 years, 2 months, and 8 days of active military service during the period under review. On 10 September 1982, the Army Discharge Review Board (ADRB), by unanimous vote, denied the applicant’s request for an upgrade of his discharge.
ARMY | BCMR | CY2004 | 04100831C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. He was punished in October 1967 for failing to report to duty, resulting in his reduction to pay grade E-1, and in November 1967 for failing to report to duty and for wearing the insignia of a sergeant (E-5) on his uniform. The applicant's combat decorations are noted, however, evidence available to the Board indicates that the applicant's incidents of misconduct were not limited to his...
ARMY | BCMR | CY2001 | 2001053638C070420
EVIDENCE OF RECORD : The applicant's military records show: He did not submit a statement.On an unknown date, the applicant was notified that a board of officers would convene on 10 September 1973 to determine whether he should be discharged due to fraudulent entry under the provisions of chapter 14, Army Regulation 635-200. At the time of his enlistment, the applicant knowingly concealed a prior service record and a criminal (felony) conviction, both of which were disqualifying factors.
ARMY | BCMR | CY2003 | 2003087029C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: The Board notes the applicant's contention that he was under extreme stress due to his house being robbed and his wife raped shortly before the incident for which he was convicted.
ARMY | BCMR | CY2003 | 2003087372C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. EVIDENCE OF RECORD : The applicant's military records show: When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2007 | 20070004066
The evaluation shows that the applicant was referred for evaluation prior to elimination under Army Regulation 635-212 (Personnel Separations) for unsuitability. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. _____Linda D. Simmons___ CHAIRPERSON INDEX CASE ID AR20070004066 SUFFIX RECON DATE BOARDED TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY AR 635-212 DISCHARGE...