Applicant Name: ?????
Application Receipt Date: 071012 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: Applicant states she did not enlist fraudulent and if so how come I received an honorable discharge. All do to me helping another solider out in a time of need because I was asked.
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: 980112
Discharge Received: Date: 980206 Chapter: 7 AR: 635-200
Reason: Fraudulent Entry RE: SPD: JDA Unit/Location: Maintenance Troop, Support Squadron, 3d Armored Cavalry Regiment, Fort Carson, Colorado
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 960605 Current ENL Term: 3 Years ?????
Current ENL Service: 01 Yrs, 03Mos, 05Days ?????
Total Service: 01 Yrs, 03Mos, 05Days ?????
Previous Discharges: None
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: 63H10/Track Veh Rep GT: 96 EDU: HS Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Ft Pierce, FL
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. 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 discharge. She was advised of her rights. The applicant was advised of the impact of the discharge action, and submitted a statement in her own behalf which was not found in the available records. The unit commander subsequently recommended separation from the service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a honorable discharge. On 9 February 1998, the applicant was discharged with a characterization of service of Honorable.
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 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 applicants military records during the period of enlistment under review, the issue she submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge. The evidence of record shows that the applicant 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 and certified that if she regained custody of her child(ren) either by court decree, or in accordance with applicable state law, or if the child(ren) is residing with her in lieu of legal custodian, she wouldbe processed for involuntary separation for fraudulent entry under the provisions of Chapter 7, AR 635-200. Furthermore, the analyst noted the applicant's issues and found no evidence of arbitrary or capricious actions by the command. Further, eligibility for veteran's benefits (to include educational benefits under the Montgomery GI Bill) does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. In view of the foregoing, the analyst determined that the reason for discharge was proper and equitable and recommends to the board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 18 September 2008 Location: Washington DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: None
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070014142
______________________________________________________________________________
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