Applicant Name:  ?????

Application Receipt Date: 2009/08/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that her characterization should be changed to honorable, the reason for her discharge be changed to entry-level separation, her primary MOS be changed and her reentry code changed to "1."

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: 040512
Discharge Received: 			   Date: 040526   Chapter: 7, Section V    AR: 635-200
Reason: Fraudulent Entry	   RE:     SPD: JDA   Unit/Location: B Co, 232d Medical Bn, Fort Sam Houston, TX 

Time Lost: 8 days, AWOL (040408-040415), returned to unit.

Article 15s (Charges/Dates/Punishment): None in the OMPF.  However, the unit commander indicates she received a field grade Article 15 for being AWOL for 7 days.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  34
Current ENL Date: 030303    Current ENL Term: 4 Years  The enlistment contract shows entry date as 030225.
Current ENL Service: 	01 Yrs, 02Mos, 16Days ?????
Total Service:  		01 Yrs, 02Mos, 16Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 91W10/Health Care Spc   GT: 108   EDU: 3 YR COLL   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 May 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, AR 635-200, by reason of fraudulent entry.  The applicant during her enlistment processing signed a DA Form 3286-69 certifying that she understood she would be involuntarily processed for separation if she were to regain custody of her children during her current enlistment.  The applicant regained custody of her children and was in violation of her enlistment agreement.  Additionally, the applicant exhibited disregard for the requirements of military life, having received a field grade Article 15 for being AWOL for 7 days.  The unit commander recommended a general, under honorable conditions discharge.  She was advised of her rights.
         
       On 6 May 2004, the applicant consulted with legal counseled and provided a statement in her own behalf.
       The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 24 May 2004, the separation authority waived further rehabilitative efforts and 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, under honorable conditions 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 military records during the period of enlistment under review and the issue and documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record shows that the applicant regained custody of her children against the agreement under which she had been allowed to join the Army.  She signed the agreement and fully understood the implications of her actions as acknowledged by her own statement contained in the record.  Army Regulation (AR) 635-200, in pertinent part stipulates that a Soldier who was an applicant without a spouse at the time of enlistment and who executed the certificate required by AR 601–210 will be processed for separation for fraudulent entry if custody of a child is regained during the current enlistment. 
       
       This involuntary separation was appropriate because the command determined that the applicant’s misrepresentation of intent, combined with her misconduct for being AWOL for 7 days constituted grounds for a characterization of general, under honorable conditions.  The applicant was properly informed as to the specific factors in her service record that would warrant such a characterization. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       The Applicant contends that her reason for separation should be changed to entry-level status.  However, AR 635-200, in pertinent part, stipulates that for Regular Army Soldiers entry-level status is the first 180 days of continuous active duty.  The analyst determined the applicant was not in entry-level status.  Further, she was discharged under the provisions of Chapter 7, AR 635-200, by reason of fraudulent entry with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Fraudulent Entry,” the separation code is "JDA,” and the reentry (RE) code is “3.”  Army Regulation   635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26 of the form, and the reentry code entered in block 27, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If she desires to reenter the Army, she should contact the local recruiter to determine her 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 if appropriate. 
       
       Additionally, the applicant requests a change in her MOS,  however, the correction the applicant requests to be made to his DD Form 214, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board can be obtained online or from the Veterans Administration.  
       
       In view of the foregoing, 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: 7 July 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: A self-authored statement and DD Form 214.

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 0    No change 5
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA












Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090014611
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