PART II - APPLICATION DATA

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

1.  Character of Discharge:  General, Under Honorable Conditions

2.  Date of discharge (or REFRAD):  991202

3.  Authority for separation:

      a.  Regulation:  Chapter 7, Paragraph 7-17, 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:
                                           AAM
    a.  Period entered for:  4 Years               ASR
    b.  Entry date:  970325
    c.  Age:  20 Years   DOB:  761013


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  102                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          2 Year(s)  8 Month(s)  8 Day(s)

                                               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
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge





                         PART IV - PREHEARING REVIEW


                       SECTION A-ANALYST’S ASSESSMENT

l.  Facts and Circumstances:

      a.  Evidence of record shows that on 26 October 1999, 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 entry, with a general, under honorable conditions discharge.
The unit commander indicated that he was initiating separation proceedings
based on the applicant’s submitting a Statement of Understanding For
Persons Having Dependents in the Custody of Another (DA Form 3286-69),
falsely indicating that her child had been placed in the custody of another
adult by court order.  The applicant waived her right to consult with legal
counsel, was advised of the impact of the discharge action, waived
appearance before an administrative separation board, and did not submit a
statement in her own behalf.  The unit commander subsequently recommended
separation from the service and waiver of further rehabilitative efforts.
On undated, the separation authority waived further rehabilitative efforts
and directed that the applicant be discharged with a general, under
honorable conditions discharge.

      b.  On 2 December 1999, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years,8  months, and 8 days of
active military in the period under review.

2.  Legal/Regulatory Basis for Separation Action:  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 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 040412, with two (2) enclosure(s).
      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:
         ( X ) Records review             (   ) Hearing

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

      c. Review/hearing location and date:  Washington, D.C. on 15 December
2004.

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

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

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

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

2.  Exhibit(s) submitted at hearing:
                        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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (2)  The discharge is inequitable.

      b.  Request:  ( X ) Recharacterization     (   ) 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)  See Paragraph 3, below.

        (2)  The issue is accepted.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
 The evidence of record shows that the applicant was separated under the
provisions of AR 635-200, Chapter 7, for fraudulent entry by falsely
indicating that her child had been placed in custody of another adult by
court order.  However, it appears that while serving at Fort Polk, at a
minimum her noncommissioned officer chain of command were aware of her
dependent child’s presence in the command as she was approved for and
obtained government quarters.  The applicant only sent the child back to
her family when she began having financial troubles due to the cost of
childcare and other household expenditures (as verified by debt
counseling.)  Notwithstanding the propriety of the applicant’s discharge,
she served for nearly three years, obtained the grade of specialist four/E-
4, received the Army Achievement Medal, was rarely counseled and did not
receive any nonjudicial punishment.  Given, the above factors, the Board
found that the discharge is now inequitable.  Accordingly, the Board voted
to grant relief in the form of an upgrade of characterization of service to
fully honorable and to change the reason for discharge to Secretarial
Authority.  This action does not entail a change in RE code.

3.  Response(s) to item(s) not addressed as decisional issue(s):

    Inasmuch as the Board voted to grant the full relief requested,
response to the remaining issue is neither required nor rendered.


                           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                      .

      (   ) Equitable.
      ( X ) Inequitable as to characterization.  Change characterization to
           Honorable.
      ( X ) Inequitable as to reason.  Change reason to Secretarial
           Authority
            under Chapter 5, AR 635-200.
      (   ) 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       5         0
    Characterization       5         0

        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
                  1901 South Bell Street, 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

TO: ARBA Support Division-St Louis      Date:  17 December 2004

     The Army Discharge Review Board, established under the provisions of
Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as
Title 10, United States Code, Section 1553, in the case of the applicant
named in Part I directs that the ARBA Support Division-St Louis issue a new
DD Form 2l4 to the applicant which reflects the following directed
change(s):

           ( X ) Change characterization of discharge to Honorable.
           ( X ) Change reason and authority for discharge to
            Secretarial Authority, AR 635-200.
           ( X ) Other (see remarks below).

Remarks:  This action does not entail a change in RE code.

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
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:  20040000499                   INDEX NUMBERS:  A9406
Date of Review:  041215                                   A9456
Character of Service:  GD                                 A1200
Date of Discharge:  991202                                A0100
Authority:  AR 635-200 C7
Reason:  A6200
Results of Board Action/
Vote/Affirmation:  HD 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