Applicant Name: ????? Application Receipt Date: 2009/08/06 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states in effect he should be awarded an honorable discharge because of his honorable service to our country. He provided four letters of recommendation. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 051206 Discharge Received: Date: 060421 Chapter: 7 AR: 635-200 Reason: Fraudulent Entry RE: SPD: JDA Unit/Location: US Army Medical Department Activity, Ft. Belvoir, VA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 23 Current ENL Date: 030819 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 8Mos, 3Days ????? Total Service: 5 Yrs, 3Mos, 19Days ????? Previous Discharges: ARNG 990910-010403/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 56M10 Chaplain Assistant GT: 116 EDU: GED Overseas: SWA Combat: Iraq (030301-040331) Decorations/Awards: ARCOM, AGCM, GWOTSM, ASR V. Post-Discharge Activity City, State: Chesterfield, VA Post Service Accomplishments: The applicant states he is a full time student and dedicated father. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 6 December 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, AR 635-200, by reason of fraudulent entry for failing to disclose his prior criminal history, failing to report that he had been arrested and charged with burglary (a felony) or that he was convicted of assault and property damage both misdemeanors, all in the state of Missouri. On 6 December 2005 his company commander recommended he be discharged with an other than honorable conditions discharge. He was advised of his rights. On 29 March 2006, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general, under honorable conditions. The applicant submitted statements on his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge. On 5 April 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of general, under honorable conditions. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 7, 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. Soldiers separated under this Chapter may be awarded an honorable discharge, or a general, under honorable conditions discharge, or a discharge under other than honorable conditions. If in an entry level status the characterization will be uncharacterized. c. Response to Issues, Recommendation and Rationale: After a careful review of the applicant’s military records, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct. The analyst noted the applicant’s contentions that he served honorably and the letters of recommendations submitted with his application, however, these are not sufficient reasons to overturn the incident leading to his discharge. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 14 June 2010 Location: Washington DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: Four letters of recommendation. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090013532 ______________________________________________________________________________ Page 1 of 3 pages