MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           11 October 2001                   
	DOCKET NUMBER:   AR2001053793

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Jose A. Martinez		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 her deceased husband, a former service member (FSM), be awarded the National Defense Service Medal (NDSM) and any other awards and decorations he may have earned.

APPLICANT STATES:  Since her husband served during the Vietnam War era, he should be entitled to some awards and decorations.

EVIDENCE OF RECORD:  The FSM’s military records show:

He enlisted in the Regular Army on 6 November 1959, was awarded the military occupational specialty (MOS) of lineman, was promoted to pay grade E-3, and was honorably released from active duty on 9 October 1962.

He reenlisted in the Regular Army as prior service on 24 December 1964.

On 15 June 1965 the FSM’s commander forwarded a recommendation to discharge the FSM for fraudulent entry for concealing how many dependents he had when he reenlisted.  In that request his commander stated that the FSM’s 
“. . . work is far below average, in fact, unsatisfactory.  He has earned a reputation as a malingerer, a malcontent and a habitual complainer.  He has no desire to do his job nor to learn how to do his job, either as a soldier or a clerk.  In February and March 1965 he proceeded to miss formations, went AWOL for short periods of time, and participated in various petty activities to induce disciplinary action.  These premeditated occurrences were self admitted in the hopes that he would be discharged from the Army . . .”

The FSM was afforded, and waived, the rights given a soldier being recommended for discharge by reason of fraudulent entry.  His commander’s recommendation was approved by the appropriate authority and the FSM’s enlistment was voided due to fraudulent enlistment and he was issued a General Discharge Certificate on 4 August 1965.  The DD Form 214 he was issued, item 24, Statement of Service, Net Service This Period, shows that he was credited with zero days, zero months, and zero years of service.  Item 26, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, has “None” entered.

Army Regulation 635-206, then in effect, provided, in pertinent part, that an enlisted member who had concealed an enlistment disqualification would normally be separated.  When separation for fraudulent entry was warranted an undesirable discharge was normally considered appropriate.

Army Regulation 635-5 states that a DD Form 214 will be prepared for soldiers who have their enlistment voided due to fraudulent entry.

The Department of Defense Pay Manual, paragraph 10103a, lists a period of service which is determined to be fraudulent and is specifically terminated by reason of fraud, not to be creditable.

Army Regulation 600-8-22 states that the NDSM is issued during the Vietnam War era for service performed between 1 January 1961 and 14 August 1974.

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

1.  Since the FSM’s reenlistment was voided, he would not be authorized any awards or decorations based solely on the dates he served on his fraudulent reenlistment.

2.  However, he was entitled to the NDSM for his first enlistment.  The award of the NDSM is administrative and does not require the authority of the Board.

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.

NOTE:  The Army Review Boards Agency Support Division, St. Louis, Missouri, will be requested to issue the FSM a DD Form 215 adding the NDSM to his DD Form 214 for the period ending 9 October 1962.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mdm _  ___jhl ___  ___jam _  DENY APPLICATION

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

INDEX

CASE ID	AR2001053793	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011011	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.