Applicant Name:  ?????

Application Receipt Date: 2008/06/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that: "I feel that I have been punished enough for something that was not completely my fault.  I have waited my time out of the Army.  I am still fit and trying to continue my career and serve my country either active or reserve. I was a good soldier and I am going to try and get back in even if not changed, but this would make it easier.  I gave 7 years to the Army and I just want my chance at Iraq or any foreign nation."

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: 070509
Discharge Received: 			   Date: 070628   Chapter: 7 Sec 5      AR: 635-200
Reason: Fraudulent Entry	   RE:     SPD: JDA   Unit/Location: HHC, 6th Ordnance Battalion, APO AP 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070416, at or near Fort Hood, TX, on or about 060412, by means of knowingly false representations that you had not been arrested, charged, or held, when in fact you had been arrested, charged, and held, procure yourself to be enlisted as a Soldier in the U.S. Army, and did thereafter, receive pay and allowances under the enlistment so procured, reduction to E-4, forfeiture of $1,000 per month for two months (suspended) (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 060412    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 03Mos, 02Days ?????
Total Service:  		6 Yrs, 09Mos, 08Days ?????
Previous Discharges: 	RA 000921-060411
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 89B20/Ammunition Specialist   GT: 96   EDU: HS GRAD   Overseas: Korea, SWA   Combat: Kuwait (050115-060115)
Decorations/Awards: ARCOM, GWOTEM, GWOTSM, KDSM, HSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Newport News, VA
Post Service Accomplishments: None Listed







VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 May 2007, 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, for completing his enlistment and subsequent re-enlistment contracts with false information in that he indicated that he had never been charged with any criminal misconduct, when he was in fact charged with numerous acts of criminal misconduct including larceny, assault, auto theft, and damage to private property, with a general under honorable conditions discharge.  He was advised of his rights.  On 9 May 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf.  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 general, under honorable conditions discharge.  On 6 June 2007, the separation authority directed that the applicant be discharged 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 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 available military records and the issue he submitted with his application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  The evidence of record shows that the applicant failed to disclose his arrest record as required on enlistment documents at the time of enlistment and re-enlistment, and was discharged under the provisions of AR 635-200, Chapter 7, Section IV, Paragraph 7-17 by reason of fraudulent entry, with a general, under honorable conditions discharge.  By his misconduct, the applicant diminished the quality of service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct.   Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Therefore, the analyst determined that 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: 1 April 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080009282
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