PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Uncharacterized

2.  Date of discharge (or REFRAD):  030626

3.  Authority for separation:

      a.  Regulation:  Chapter 7, AR 635-200

      b.  Reason:  Fraudulent Entry

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           NONE
    a.  Period entered for:  4 Years
    b.  Entry date:  030512
    c.  Age:  27 Years   DOB:  760110


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  103                               3.  Highest grade
achieved:
    f.  Length of Service:                         E1
          0 Years  1 Month  15 Days

                                               4.  Performance evaluations:

                                                   NONE

                         PART III - SERVICE HISTORY
           SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  NONE

    Status       Inclusive dates
      AWOL

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:  NONE

      Date  Offense(s)



7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  NONE


                       SECTION B - Prior Service Data


Other discharge(s):

      Service    From  To    Type Discharge
      RA    990205     990312     Uncharacterized




                         PART IV - PREHEARING REVIEW

                       SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

      a.  All the specific facts and circumstances leading to the
applicant’s discharge are not in the available records.  However, limited
evidence of record shows that the unit commander initiated separation
action under the provisions of Chapter 7, AR 635-200, by reason of
fraudulent entry in that the applicant willfully and intentionally failed
to disclose that she had been separated from her spouse since December 2000
and she had two children.  As such, in accordance with Army Regulation 601-
210, she was ineligible for enlistment as a sole parent. On 20 June 2003,
the separation authority directed that the applicant be discharged with a
characterization of service of uncharacterized with the issuance of an
Entry Level Separation.  The record contains a properly constituted DD Form
214 (Certificate of Release or Discharge from Active Duty), which was
authenticated by the applicant’s signature.  Her DD Form 214 indicated that
she was involuntarily discharged under the provisions of Chapter 7, AR 635-
200, by reason of fraudulent entry, with a characterization of service of
uncharacterized, with a separation code of JDA, and a RE code of 3.

      b.  On 26 June 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 month, and 15 days of active
military service under review and had 2 months and 23 days of total
military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter 7 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,
including all disqualifying information requiring a waiver.  This also
includes misrepresentation of intent with regard to legal custody of
children.  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.


                      SECTION B-APPLICANT’S SUBMISSIONS


1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

      A-1:  DD Form 293, dated 030725, with 20 enclosures.
      A-2:  Counsel Issues:  NONE
      B-l:  Other Documents: NONE


                   PART IV - PREHEARING REVIEW (CONTINUED)

              SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor      ( ) Legal Advisor



      a.  Medical prehearing comments (if applicable):


      b.  Legal prehearing comments (if applicable):











                         PART V - SUMMARY OF HEARING

                      SECTION A-Attendees and exhibits

1.  Review/hearing information:


      a. Type requested:
         (   ) Records review             ( X ) Hearing

      b. Type Held:
         (   )Records review              ( X ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Washington, DC on 9 February
2004.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     ( X ) Yes   (   ) No

      f.  Counsel presentation:    (   ) Yes   ( X ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  Amended original issue.
                        PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

          ( X )  Same as those listed on DD Form 293 and Part IV, Section A
              of this case report and directive.
          (   )  Revised issue(s) furnished in writing by applicant as
              follows:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      b.  Request:  ( X ) Recharacterization     ( X ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on
issues of propriety and/or equity:

      a.  Propriety:   The applicant has not submitted an issue of
                   propriety and the ADRB has not otherwise relied upon an
                   issue of propriety to change the discharge.

      b.  Equity:      The parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1)  The issue is rejected.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review
and heard her testimony.  All the specific facts and circumstances leading
to the applicant’s discharge are not in the available records.  However
limited, the evidence of record shows that the unit commander initiated
separation action under the provisions of Chapter 7, AR 635-200, by reason
of fraudulent entry because the applicant willfully and intentionally
failed to disclose that she had been separated from her spouse since
December 2000 and she had two dependent children.  As such, in accordance
with Army Regulation 601-210, she was ineligible for enlistment as a sole
parent.  The Board noted that the applicant’s record contains a properly
constituted DD Form 214 (Certificate of Release or Discharge from Active
Duty) which was authenticated by the applicant.  This document identifies
the reason and characterization of the discharge and, in the absence of
evidence to the contrary, the Board presumed government regularity in the
discharge process.  The applicant’s issue regarding her dependent pay does
not fall within the purview of this Board.    If the applicant desires to
pursue this matter she should address it with the Army Board for Correction
of Military Records using the provided application.  The Board, being
convinced that the reason for discharge and the characterization of service
were both proper and equitable, voted to deny relief.

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

                           PART VII - BOARD ACTION
                   SECTION A - Conclusions/Decisions/Vote

1.    Board conclusion(s):

      The discharge was:

      ( X ) Proper.
      (   ) Improper as to characterization.  Change characterization to
                                               .
      (   ) Improper as to reason.  Change reason to
                                   under                      .

      ( X ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      (   ) Inequitable as to reason.  Change reason to
                                 
            under                                 .
      (   ) Both proper and equitable, but characterization/reason for
           separation cited was an administrative/clerical error and should
           be changed to                      under
                                   .

2.  Voting record:      Change   No Change
                  Reason       0         5
    Characterization       0         5

        The names and votes of the members of the Board are recorded in
Part IX of this document and can be obtained by writing to the address
below.  The request must contain the CASE NO. located in the upper right
corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508



3.  Minority views:  NONE
                           PART VII - BOARD ACTION
                 SECTION B - Verification and Authentication

Case report reviewed and verified

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          SECTION B - CERTIFICATION

Approval Authority:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




MARY E. SHAW
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge                  C - Other
B - Material submitted by applicant

INDEX RECORD:

AR Number:  2003094316                    INDEX NUMBERS:  A0113
Date of Review:  040209                                   A0143
Character of Service:  EL                                 A9500
Date of Discharge:  030626
Authority:  AR 635-200 C7
Reason:  A6200
Results of Board Action/
Vote/Affirmation:  NC 5-0 A













                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1.      Mbr          X                 X       

    2.      Mbr          X                 X       

    3.      Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X                 X