ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 September 2019 DOCKET NUMBER: AR20170010949 APPLICANT REQUESTS: an upgrade to his voided enlistment APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation from Active Duty) FACTS: 1 The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he doesn’t know the reason why he was discharged. He never had any misconduct, he completed basic training and was going to AIT when called into his Sergeant’s office and told about the discharge. 3. A review of the applicant’s service record shows: a. He enlisted on 6 February 1978 for the Regular Army. b. On 7 March 1978, the applicant’s commander was notified that during a records check the applicant concealed disqualifying information, which would have required a waiver upon entry into the service. c. On 15 March 1978, the applicant’s commander submitted a recommendation for discharge under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) for fraudulent enlistment – concealment of conviction by civil court. d. On 17 April 1978, the appropriate authority directed orders to be issued to void the applicant’s enlistment contract under the provisions of AR 635-200, chapter 14 by reason of the applicant having concealed civil convictions and there was no evidence of unverified recruiter involvement. e. On 25 April 1978, the applicant was released from the custody and control of the Army and his period of service was voided. His DD Form 214 (Report of Separation from Active Duty) shows no active service, because of his voided service. 4. On 15 February 1996, The Army Review Board (ADRB) reviewed and denied the applicant’s request. The ADRB determined that the applicant’s voided enlistment and release from military control was proper and equitable. 5. AR 601-210 (Regular Army Enlistment Program) provides that persons under civil restraint, such as probation, were not eligible for enlistment and is not eligible for a waiver, However, if the probation was unsupervised and unconditional, a waiver of this disqualification may be granted for enlistment. In addition, this regulation provided that persons convicted in civil court of one or more misdemeanors required a waiver of moral standards to determine enlistment eligibility. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is not warranted. The applicant’s contentions were carefully considered. The Board applied Department of Defense standards of liberal consideration to the complete evidentiary record and did not find any evidence of error, injustice, or inequity. He did not provide character witness statements or evidence of post-service achievements for the Board to consider. Based upon the failure to disclose information upon entry into the military service, as well as the failure to accept responsibility and show remorse for the events leading to his separation, the Board agreed that the applicant's discharge characterization was warranted as a result of the misconduct. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. (Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 14 states fraudulent entry is the procurement of an enlistment, reenlistment, or period of active service through any deliberate material misrepresentation, omission, or concealment which, if known and considered by the Army at the time of enlistment or reenlistment might have resulted in rejection. This includes all conditions that would have been disqualifying without a waiver. If the disqualification was waivable, but was not in fact waived it is a disqualification. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170010949 3 1