MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 December 2000                  
	DOCKET NUMBER:   AR2000047092

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber 		Chairperson	
	Mr. Raymond J. Wagner 		Member	
	Mr. Kenneth L. Wright 		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:  Removal of the narrative reason for separation (Fraudulent Entry) on his DD Form 214 (Armed Forces of the United States).   

APPLICANT STATES:  In effect, that he has researched Army Regulation 
635-206 and the Separation Program Number (SPN) 280 and cannot find any evidence of wrongdoing.  He contends that he is unaware of what he did wrong.  He goes on to state that he has had to live with this shame all of his adult life, that he has lived a productive life and contributed to his community.  In support of his application, he submits an undated letter and a copy of his DD Form 214.       

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

The applicant was inducted on 12 October 1961.  Item 13a (Convicted or Adjudicated of Crime Other Than Minor Traffic Violation) on his DD Form
47 (Record of Induction), dated 12 October 1961, indicates “NO”.

The applicant’s personnel records indicate that he was suspected of fraudulent entry following a report from the Federal Bureau of Investigation (FBI).  The FBI report shows six arrests prior to the applicant’s induction into the Army. 

On 9 January 1962 the applicant’s unit commander recommended that he be discharged under the provisions of Army Regulation 635-206, for fraudulent entry.  He cited that the applicant’s past record indicates that he will be a liability to the Army and that he has been AWOL since 3 January 1962 (failed to report from authorized leave).  The applicant was unable to make a statement on his own behalf due to his AWOL status.  The intermediate commander concurred with the recommendation for discharge. 

The approval authority approved the recommendation for separation from the service on 29 January 1962 and directed the issuance of a General Discharge Certificate. 

Accordingly, on 5 February 1962, the applicant was discharged with an under honorable conditions (general discharge) under the provisions of Section II, Army Regulation 635-206, for fraudulent entry.  He had served 3 months and 2 days of total active service with 22 days lost due to AWOL.

Item 11c (Reason and Authority) on the applicant’s DD Form 214 shows the entry “Sec [Section] II, AR [Army Regulation] 635-206 SPN 280 Fraudulent 
Entry”.  Appendix I of Army Regulation 635-5 (Separation Documents) states the reason for discharge based on SPN “280” is “Fraudulent entry” and the regulatory authority is Section II, Army Regulation 635-206.  

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct.  Section II of the regulation provided for the separation of personnel for fraudulent entry into the Army.  This regulation, in pertinent part, provides for proof of concealment of criminal record. Normally an individual discharged under this section will be given an Undesirable Discharge, unless the particular circumstances of the case warrant an Honorable or General Discharge.  

Appendix I of Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation program number and authority governing separations. 

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.  The applicant was properly discharged in accordance with applicable regulations with no indication of any procedural violation of the applicant’s rights.

2.  The narrative reason for separation used in the applicant’s case is correct and was applied in accordance with the applicable regulations.  

3.  The applicant has failed to show through the evidence submitted or the evidence of record that the narrative reason for separation issued to him was in error on unjust.

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

JPH____  RJW_____  KLW____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000047092	
SUFFIX		
RECON		
DATE BOARDED	20001219	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19620205	
DISCHARGE AUTHORITY	AR 635-206  	
DISCHARGE REASON	Fraudulent Entry	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.