MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 September 1999                   
	DOCKET NUMBER:   AR1999022774

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be credited with the time he spent in the Army and that his DD Form 214 be corrected to show he had 4 days of lost time, not 5 days.

APPLICANT STATES:  That he feels the reason for discharge is wrong.  The Army did not ask him if he had prior service.

EVIDENCE OF RECORD:  The applicant's military records show:

He served in the U. S. Marine Corps from 9 January – 15 February 1974 when he was discharged, under honorable conditions, with a reenlistment code of 3F (required a waiver to reenlist).

On 3 March 1976, the applicant enlisted in the U. S. Army Reserve (Delayed Entry Program).  DD Form 1966, block 26, Military Service, has no data entered. He enlisted in the Regular Army on 9 March 1976.

On 6 May 1976, discharge proceedings under the provisions of Army Regulation 635-200, paragraph 14-4a, were initiated to separate the applicant for fraudulent enlistment for concealing his prior service.  In a statement made to investigators, the applicant said his recruiter told him to keep quiet about his prior service.

On 6 May 1976, the applicant was advised by counsel of the basis for the proposed separation action.  He waived consideration of his case by a board of officers, waived representation by counsel and did not submit a statement in his own behalf.

Four DA Forms 4187, Personnel Action, on file show the applicant departed absent without leave (AWOL) on 14 May and returned on 17 May 1976 for 3 days AWOL.  He departed AWOL again on 31 May and returned 2 June 1976 for 2 days AWOL.

The appropriate authority approved the recommendation for discharge.

On 9 June 1976, the applicant was discharged, under honorable conditions, under the provisions of Army Regulation 635-200, Chapter 14 by reason of void enlistment (fraudulent entry).  Block 18a of his DD Form 214, net active service this period, shows zero time served.  Block 21 shows he had 5 days time lost.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  At the time, paragraph 14-4a established policy and prescribed procedures for separating members for misconduct due to fraudulent entry, concealment of prior service.  If the member alleged misconduct by recruiting officials, the enlistment would be immediately voided. 

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge or release from active military service or control of the Amy.  It establishes standardized policy for the preparation and distribution of DD Form 214.  In pertinent part, it states that when members are released from custody and control of the Army because of a void or voided enlistment, a zero will be entered in the net active service this period block.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations.  The evidence of record shows that he failed to complete DD Form 1966, block 26, Military Service, thereby concealing his prior U. S. Marine Corps service.  Army Regulation 635-200 required that his enlistment be voided.  Army Regulation 635-5 requires that zeros be entered in block 18a.

3.  The evidence of record shows the applicant had two periods of AWOL for a total of 5 days lost time.  Block 21 of his DD Form 21 correctly shows 5 days lost time.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __clg___  __jpi___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022774	
SUFFIX		
RECON		
DATE BOARDED	19990922	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.