MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            6 February 2003                  
	DOCKET NUMBER:   AR2002076948

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Eloise C. Prendergast		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 DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 December 1995 be corrected to show, in item 11 (Primary Specialty) Military Occupational Specialty (MOS) 73C (Finance Specialist). 

APPLICANT STATES:  That he attended the complete MOS School.  He provides a diploma from the US Army Finance School, dated 31 August 1995.

EVIDENCE OF RECORD:  The applicant's military records were not available for review.  Information herein was obtained from alternate sources.

On 19 April 1994, he enlisted in the Regular Army.  He completed his required training on 31 August 1995 and was awarded MOS 73C.

On 4 December 1995, he was honorably separated under Army Regulation 635-200, chapter 7, based on his fraudulent entry.  His separation document indicates he had 1 year, 7 months and 16 days of creditable service.

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 discharge, or a discharge under other than honorable conditions.  If in an entry level status the characterization will be uncharacterized.  

Army Regulation 635-5 (Separation Documents) indicates, in pertinent part, that the MOS served in for at least 1 year will be entered indicating the years and months served.  Basic and Advanced Individual Training will not be counted.

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 evidence clearly shows the applicant was awarded MOS 73C on 31 August 1995 and was separated on 4 December 1995.  He did not serve for at least 1 year in the MOS 73C as required by the regulation.

2.  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.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_JEA____  _ECP___  _FNE___   DENY APPLICATION

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

INDEX

CASE ID	AR2002076948	
SUFFIX		
RECON		
DATE BOARDED	20020206	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19951204	
DISCHARGE AUTHORITY	AR 635-200, Ch 7	
DISCHARGE REASON	Fraudulent Entry	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100	
2.		
3.		
4.		
5.		
6.