MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 September 1999                   
	DOCKET NUMBER:   AR1999024198

	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. Erin J. Olmes		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Christopher J. Prosser		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 blocks 18a, 18b and 18c of his DD Form 214 be corrected to show his time in service.

APPLICANT STATES:  That he did not notice the error and service verification is needed for U. S. Postal Service employment.  His DD Form 214 is provided as supporting documentation.

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

He enlisted in the Regular Army on 17 February 1961.

In August 1961, the applicant’s commander recommended his separation under the provisions of Army Regulation 635-206 for fraudulent enlistment.  In his recommendation, the commander noted that the applicant had voluntarily, at his first unit assignment, revealed his alien status and his failure to reveal his status (upon the advice of his recruiter) at the time of his enlistment.  The commander recommended he receive a general discharge rather than the normal, undesirable discharge.

On 16 March 1962, the applicant was discharged, with a general discharge, under the provisions of Army Regulation 635-206 for fraudulent entry.  His DD Form 214, block 24, indicated zero creditable service.

On 14 June 1976, the Army Discharge Review Board upgraded the applicant’s discharge to honorable.  His re-issued DD Form 214, block 18, indicates zero creditable service.

Army Regulation 635-206 established policy and procedures for the elimination of enlisted personnel for misconduct by reason of fraudulent entry into the service, conviction by civil court, and absence without leave or desertion.  Fraudulent entry was the procurement of an enlistment through any deliberate material misrepresentation, omission or concealment which, if known at the time, might have resulted in rejection.  Individuals determined to have enlisted due to fraudulent entry would be released from custody and control due to void service.

Army Regulation 635-5 provides that a DD Form 214 will be issued to each person released from a status that is determined to be void.  However, the record of service block would reflect zeroes for the years, months and days.  

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 Board is empathetic with the applicant’s concern that he was in the service and he needs the service listed for employment considerations.  However, he separated by reason of fraudulent entry by concealing his alien status, albeit upon the advice of his recruiter.  By regulation, a DD Form 214 is issued but because it is considered void service, no period of service is listed on the DD Form 214.  He should point out to his potential employers blocks 9d and 15, which also show the dates he served in the Army.

3.  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

__ejo___  __inw___  __cjp___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024198	
SUFFIX		
RECON		
DATE BOARDED	19990909	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.