MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 September 2002
	DOCKET NUMBER:   AR2002073433

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. Ronald E. Blakely		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 his general discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that he was inducted and completed his basic training before being discharged.  He goes on to state that he received a Sharpshooter Marksmanship Qualification Badge and believes it warrants an honorable discharge and classification as a veteran.

EVIDENCE OF RECORD:  The applicant's military records, though somewhat incomplete, show:

He was inducted at Fort Richardson, Alaska, on 11 May 1965 and was transferred to Fort Ord, California, to undergo his basic combat training.  He completed his BCT and was awarded the Sharpshooter Marksmanship Badge.

The facts and circumstances surrounding his discharge are not present in the available records.  However, his records do contain a duly constituted report of separation (DD Form 214) which shows that he was discharged under honorable conditions at Fort Richardson, Alaska, on 6 August 1965, under the provisions of Army Regulation 635-206, paragraph 13b, for misconduct based on fraudulent entry into the Army involving conviction by civil authorities.  He had served 2 months and 26 days of total active service.

His records also contain a Federal Bureau of Investigation (FBI) record dated 25 May 1965, which shows that the applicant had 12 arrests in Alaska prior to his induction, for offenses ranging from drunk in public, hit and run, disorderly conduct, assault and battery, and joy riding.  

There is no indication in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  It provided, in pertinent part, that separation action for misconduct would be initiated against personnel for misconduct when it was determined that individuals had concealed their civilian arrest record at the time of entry into active duty or that they had been convicted by civil authorities.  An undesirable discharge was normally considered appropriate.  However, commanders could issue an honorable or general discharge if their record of service so warranted.

Army Regulation 635-200, currently in effect, sets forth the basic authority for the separation of enlisted personnel for fraudulent entry.  It provides, in pertinent part, that personnel who are separated for fraudulent entry (concealment of conviction by civil court) will have their service terminated with no characterization of service or credit for any service performed.
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 the absence of evidence of the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would tend to jeopardize his rights.

2.  Accordingly, the type of discharge directed and the reasons therefor were appropriate considering all of the available facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, given the lack of information available in this case and the very short amount of time he served, the Board finds no basis to warrant an upgrade of his discharge.

4.  The Board has no authority to administer the regulations of the Department of Veterans Affairs and as such, has no authority to determine the applicant’s eligibility for such benefits.  Such determinations are obtained from that agency by the individual concerned.

5.  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 this requirement.

6.  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

___md___  ___jhl___  ___reb __  DENY APPLICATION

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

INDEX

CASE ID	AR2002073433	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/19	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1965/08/06	
DISCHARGE AUTHORITY	AR635-206	
DISCHARGE REASON	MISCONDUCT/FRAUD ENTRY	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  644	144.6200/A62.00	
2.		
3.		
4.		
5.		
6.