Applicant Name:  

Application Receipt Date: 2008/12/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, I was fraudulently Enlisted into the Army National Guard by a recruiter in Oceanside California. I spoke to a recruiter who after leaving his office in August 6th of 2004, three months later he forged my signature on a contract. Subsequenly, I was enlisted without my knowledge. I was therefore found to be awol and soon there after was discharged with a other than honorable discharge. After investigation by the Inspector General office and by a Special Agent of the Department Of Defence, I have evidence to support this fraudulent enlistment and have letters and a thorough investigation that will show that I was the victim of fraud. I simply want my record to be cleared so that I may once again serve my country."

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 041022   Chapter: 8-26g(2)      AR: NGR 600-200
Reason: Erroneous Enlistment	   RE:     SPD: NA   Unit/Location: HHC 40th IN DISCOM, Long Beach, CA 

Time Lost: None

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:  25
Current ENL Date: 041022    Current ENL Term: 0 Years  ?????
Current ENL Service: 	00 Yrs, 00Mos, 00Days ?????
Total Service:  		4 Yrs, 00Mos, 00Days ?????
Previous Discharges: 	USMC 970701-010830/GD
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: None   GT: 105   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Carlsbad, CA
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the evidence of record shows that there is letter from the Department of Defense Inspector General, Defense Criminal Investigative Service (DCIS) , Mission Viejo, CA indicating that the applicant was fraudulently enlisted into the California National Guard on or about 22 October 2004.  He further states that the applicant allegations appear to be highly credible and that he is an individual who has been victimized through no fault of his own.  The DCIS Special Agent did not include more details on the ARNG Recruiter involved, because of the ongoing investigation.  Further, the record shows that on 26 January 2009, the applicant's NGB Form 22E was corrected to read blocks 8b and 11, 041002; blocks 10 a and d to read 00 years, 00 months, and 00 days; block 23 to read para 8-26g(2), NGR 600-200; erroneous enlistment or extension; block 24 to read honorable; and  block 26, to read RE1 on the NGB Form 22A.  

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel of the Army National Guard.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard.  Paragraph 8-26g(2) of that regulation provides in pertinent part that individuals can be separated for erroneous enlistment or extension.  Army policy states that an honorable discharge is normally considered appropriate.  Army Regulation 135-178 provides in pertinent part, that a soldier is in entry-level status for the first 180 days of continuous active duty and  the regulation requires an uncharacterized separation of service under this chapter.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the supporting documents he submitted, the analyst found several mitigating factors to recommend that the narrative reason for separation be changed to Secretarial Authority.  This recommendation was made after full consideration of his available record  and the strong probative evidence (i.e., a copy of the investigation submitted by the DCIS citing that "the applicant was fraudulently enlisted into the California National Guard on or about 22 October 2004 by his recruiter and has been an individual who has been victimized through no fault of his own).  The evidence in this case supports a conclusion that the applicant’s narrative reason for discharge is now inequitable.  In view of the foregoing, the analyst recommends that relief be granted in the form of a change to the narrative reason for separation to "Secretarial Authority."  
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date:  16 October 2009         Location: Washington, DC

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 is now inequitable.  The Board found that the circumstances surrounding his discharge, (applicant was fraudulently enlisted into the California National Guard on 22 October 2004 and has been victimized through no fault of his own since his discharge) warrants relief.  Accordingly, the Board voted to change the narrative reason for separation to Secretarial Authority.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: Secretarial Authority
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080019288
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