Applicant Name:  ?????

Application Receipt Date: 2011/12/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Reason for discharge is unjustified and miscategorized.  If my case was grounds for separation it should have been family care plan but since I had a valid family care plan it couldn't be done.  The Chapter paperwork states something about inability to mobilize in the event of a deployment.  We had just returned from a deployment and were not set to go again until 2014.  My ETS date was 9 October 2012."  

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 110127
Discharge Received: 			   Date: 110412   Chapter: 7, SEC V        AR: 635-200
Reason: Fraudulent Entry	   RE:     SPD: JDA   Unit/Location: C Co 67th SC, Fort Gordon, GA 

Time Lost: None Listed

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 081010    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 06  Mos, 03  Days ?????
Total Service:  		02 Yrs, 06  Mos, 03  Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 25Q10/Multich Trans Op/Mnt   GT: 106   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (090820-100716)
Decorations/Awards: NDSM, ICM-w/CS, GWOTSM, ASR 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 January 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, Section IV, paragraph 7-17b(8), AR 635-200, by reason of fraudulent entry for petitioning the Courts in August 2010 to regain sole custody of her son which was awarded to her by court order on 26 October 2010, in violation of the stated intent of her enlistment contract, per AR 601-210d(2) and which she failed to show cause for a need to regain custody.  The unit commander recommendated that the applicant be retained in the Army.  She was advised of her rights.  
       
       
       On 15 February 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf.  The unit commander subsequently recommended the applicant be retained in the Army.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a characterization of service of general, under honorable conditions. 
       
       On 21 March 2011, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

       b.  Legal Basis for Separation:  
       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, under honorable conditions discharge, or a discharge under other than honorable conditions.  If in an entry level status the characterization will be uncharacterized.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record shows that on 26 October 2010, the applicant regained sole custody of her son which was in violation of AR 601-210, paragraph 2-10d(2).
       
       The analyst noted that in accordance with AR 601-210, paragraph 2-10d(2) those applicants who at time of enlistment indicate they have a child or children in the custody of the other parent or another adult in accordance to paragraph (2), above, will be advised and required to acknowledge by certification that their intent at time of enlistment was not to enter into the Army, AR, or ARNG with the express intention of regaining custody after enlistment. Applicants will be required to execute a DA Form 3286 (Statements for Enlistment (Parts I through IV)). All applicants will be advised that if they regain custody during their term of enlistment, they are in violation of the stated intent of their enlistment contract. They will (unless they can show cause, such as death or incapacity of the person who has custody) be processed for separation (involuntary) for fraudulent enlistment.  Retention of Soldiers who have enlisted fraudulently is governed by AR 635–200.
       
       The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       In view of the foregoing, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Self-Authored Statement, Discharge Packet, Official Military Personnel File (OMPF) Documents, and DD Form 214 for the period of service under review.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
        
IX.  Board Decision						
Board Vote:
Character - Change 1    No change 4
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110024931
______________________________________________________________________________


Page 3 of 3 pages