MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          16 October 2003
		DOCKET NUMBER:  AR2003084879

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Mae M. Bullock		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 reenlistment in the Army Reserve on 2 April 1979 be voided.

APPLICANT STATES:  He was not eligible for military service because he was medically discharged on 24 August 1967, had six children, and had a felony conviction in February 1969.  In support of his application, he submitted a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a DD Form 4/1 (Enlistment/Reenlistment Document) for enlistment on 2 April 1979 in the U. S. Army Reserve; enlistment orders, dated 2 April 1979; and six birth certificates for his children.

EVIDENCE OF RECORD:  The applicant's military records for his service in the Army of the United States only are available.  U. S. Army Reserve records are not available.  Information pertaining to that service was obtained from the 2 April 1979 enlistment documents provided by the applicant.

The applicant was inducted into the Army on 8 February 1967.  He was assigned to Fort Dix, New Jersey, for basic combat training.  

Records show the applicant was absent without leave (AWOL) from 15 February 1967 to 6 March 1967.

On 19 June 1967, he was convicted by a special court-martial of being AWOL from 7 March 1967 to 9 June 1967 and for breaking restriction.  He was sentenced to confinement at hard labor for six months and forfeiture of $60.00 for six months.

On 25 July 1967, the applicant was evaluated by a Medical Evaluation Board (MEB) and was diagnosed as having an ulcer, duodenum.  The MEB determined that he was physically unfit for retention on active duty and recommended that he be separated from military service under the provisions of Chapter 9 of Army Regulation 635-40.  He was discharged on 24 August 1967 under the provisions of Army Regulation 635-20A, due to a physical disability by a medical board with an honorable discharge.  He had 4 months and 3 days of total active military service and was issued RE codes of RE-3, 3A, and 3B.

The applicant stated in his letter that he was convicted of manslaughter in Paterson, New Jersey on or about 2 April 1969.  He stated that he was sentenced to a 7-year indeterminate sentence, was paroled on 14 December 1970, and was discharged in 1972 after serving 18 months on parole.

The applicant provided a copy of his enlistment contract, dated 2 April 1979.  

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 7-17, of that regulation provides, in pertinent part, that a fraudulent entry is the procurement of an enlistment, reenlistment, or period of active service through any deliberate material misrepresentation, omission, or concealment of information which, if known and considered by the Army at the time of enlistment or reenlistment, might have resulted in rejection.  This includes all disqualifying information requiring a waiver.  A soldier who concealed his or her conviction by civil court of a felonious offense normally will not be considered for retention.  

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 this requirement.

2.  The enlistment contract submitted by the applicant in support of his claim shows he enlisted in the U. S. Army Reserve on 2 April 1979.

3.  The Board notes the applicant's statements regarding his felony conviction on 2 April 1969.  However, there is no evidence of record available to the Board to show that he actually served in the U. S. Army Reserve.  In the absence of such evidence, the Board presumes that his enlistment on 2 April 1979 was voided at the time.

4.  Based on the lack of evidence in this case, 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

AAO____  HOF_____ MMB____  DENY APPLICATION

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

INDEX

CASE ID	AR2003084879	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031016	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.