BOARD DATE:  30 July 2020

		DOCKET NUMBER:  AR20190015377


APPLICANT REQUESTS:  in effect, correction of his record to show his discharge in 
2007. 


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Letter from the Department of Veterans Affairs (VA), dated 13 October 2019
*	Department of Defense (DoD) Military Service Information, dated 20 August 2019


FACTS:

1.  The applicant did not file within the three-year period provided in Title 10, United 
States Code, in section 1552(b); however, the ABCMR 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 the VA and the Office of Personnel Management notified him 
that there is an error in his military file.  The file shows active service in the Army from 
11 April 1995 to 17 December 1998 and 12 May 2000 to 15 January 2007.  He claims 
he has the discharge from his first enlistment but not the second.

3.  The applicant enlisted in the Army National Guard (ARNG) on 21 December 1989.  
He performed initial active duty training (ADT) from 18 June to 24 August 1990.  

4.  He entered ADT on 11 June 1991, and was he released from ADT with an 
uncharacterized characterization of service on 9 August 1991, after being awarded 
military occupational specialty 19K (M1 Abrams Armor Crewman).

5.  On 2 February 1993, the applicant was discharged without personal notice in 
accordance with National Guard Regulation 600-200 (Enlisted Personnel Management), 
paragraph 8-26b.

6.  The applicant enlisted in the Regular Army (RA) on 11 April 1995.  

7.  General Court-Martial Order (GCMO) Number 77, issued by Headquarters, 1st 
Infantry Division on 20 November 1997, shows the applicant was arraigned at 
Schweinfurt, Germany for the following offenses:

*	absenting himself from his unit from 13 February 1997 until apprehended on or 
about 30 May 1997
*	wrongfully using, with intent to defraud, a military identification card on 27 May 
1997
*	dishonorably failing to maintain sufficient funds for payment after uttering a check 
in the amount of $150.00
*	wrongfully and without authority, wearing upon his uniform the basic parachutist 
badge, air assault badge, and basic air crewman badge from on or about 
29 September 1995 and 13 February 1997
*	between on or about 9 and 31 December 1995, with intent to defraud, uttering 
numerous checks knowing he did not have sufficient funds for payment
*	on or about 20 January 1996, with intent to defraud, uttering a check knowing he 
did not have sufficient funds for payment; and
*	between on or about 3 February and 23 April 1996, with intent to defraud, 
uttering numerous checks knowing he did not have sufficient funds for payment

8.  The sentence was adjudged on 27 August 1997:  to be reduced to the grade of 
private/E-1, to forfeit all pay and allowances, to be confined for a period of 10 months, 
and to receive a bad conduct discharge (BCD). 

9.  Only so much of the sentence as provided for reduction to the grade of private/E-1, 
forfeiture of all pay and allowances, confinement for a period of 6 months, and a BCD 
was approved and, except for the part of the sentence extending to a BCD, was to be 
executed.  The applicant was credited with 89 days of confinement against the sentence 
to confinement.

10.  His records contain a DD Form 214 (Certificate of Release or Discharge from 
Active Duty) for the period 3 February 1993 to 10 April 1998.  The form contains 
obvious errors and shows he was honorably discharged for completion of required 
active service.  

11.  GCMO Number 172, issued by Headquarters, U.S. Army Armor Center and Fort 
Knox, Fort Knox, KY, on 13 November 1998, shows the convening authority ordered  
the sentence to reduction to the grade private/E-1, forfeiture of all pay and allowances, 
confinement for 6 months, and a BCD.  The sentence was adjudged on 27 August 
1997, as promulgated in GCMO Number 77, dated 20 November 1997, and had been 
affirmed.  The provisions of Article 71(c) having been complied with, the sentence to a 
BCD was to be duly executed.  The accused was credited with 89 days of confinement 
against the sentence of confinement.  That part of the sentence extending to 
confinement had been served.

12.  On 12 May 2000, the applicant enlisted in the ARNG.

13.  On 30 June 2000, he enlisted in the RA.  His records contain Standard Form 86 
(Questionnaire for National Security Positions) on which he did not acknowledge that he 
had ever served in the military.

14.  GCMO Number 19, issued by Headquarters, V Corps, on 2 November 2001, shows 
the applicant was arraigned at Hanau and tried in Darmstadt, Germany, for the following 
offenses:

*	wrongfully enlisting as a Specialist in the U.S. Army on or about 30 June 2000
*	wrongfully signing an official record on or about 10 April 1998; and
*	wrongfully and without authority wearing unauthorized badges, medals, and 
insignia between on or about 18 July 2000 and 23 January 2001, at or near 
Babenhausen, Germany
 
15.  The sentence was adjudged on 23 May 2001:  to be reprimanded, to be reduced to 
the grade of private/E-1, to be confined for a period of 20 months, and to be discharged 
with a BCD. 

16.  Only so much of the sentence as provides for reprimand, reduction to the grade of 
private/E-1, confinement for a period of 9 months, and a BCD was approved and, 
except for the part of the sentence extending to a BCD, was to be executed.  He was 
reprimanded for his disgraceful conduct.  His behavior brought disgrace to himself and 
the U.S. Army.

17.  GCMO Number 9, issued by Headquarters, V Corps, on 17 October 2003, shows 
the convening authority ordered the sentence to a reprimand, reduction to the grade 
private/E-1, confinement for 9 months, and a BCD.  The sentence was adjudged on 
23 May 2001, as promulgated in GCMO Number 19, dated 2 November 2001, and had 
been affirmed.  The provisions of Article 71(c) having been complied with, the sentence 
to a BCD was to be duly executed.  

18.  GCMO Number 23, issued by Headquarter, U.S. Army Armor Center and Fort 
Knox, Fort Knox, KY, on 30 January 2004, noted the applicant was previously 
discharged with a BCD as the result of a previous GCM as ordered in GCMO Number 
172, issued by Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, KY, 
dated 13 November 1998.  Therefore, this second BCD would not be ordered executed.  
The portion of the sentence pertaining to confinement had been served.

19.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous 
active service.  It provides a brief, clear-cut record of active Army service at the time of 
release from active duty, retirement, or discharge.   

20.  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.  An example of fraudulent 
entry is the concealment of prior service.  A DD Form 214 will be prepared and 
distributed on all individuals released from custody and control due to void service, 
except those individuals described in paragraphs 7-15 (Erroneous Enlistments, 
Reenlistments, or Extensions) and 7-17 (Incident of Fraudulent Entry).


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is not warranted.

2.  The Board noted that the applicant's service records do not corroborate the 
information provided on the VA and DoD documents he provides.  The applicant's 
second period of Regular Army service resulted from fraudulent entry.  As a result this 
period of service is void.  Because of his fraudulent entry, he was not to be issued a 
DD Form 214.  The Board determined there is no further action that should be taken.  

3.  These proceedings will be filed in his Official Military Personnel File and should 
serve to explain the circumstances that led to the termination of his service.  

4.  The Board concurred with the recommendation in Administrative Note(s) below.



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.


ADMINISTRATIVE NOTE(S):  Recommend the DD Form 214 ending 10 April 1998 be 
voided and a new, correct DD Form 214 be issued.  


REFERENCES:

1.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the 3-year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous 
active service.  It provides a brief, clear-cut record of active Army service at the time of 
release from active duty, retirement, or discharge.  

3.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations),    
chapter 7, provides the authority, criteria, and procedures for the separation of Soldiers 
because of minority, erroneous enlistment, reenlistment or extension of enlistment, 
defective enlistment agreement, or fraudulent entry.  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.  An example of fraudulent entry is the concealment of prior service.  
A DD Form 214 will be prepared and distributed on all individuals released from custody 
and control due to void service, except those individuals described in paragraphs 7-15 
(Erroneous Enlistments, Reenlistments, or Extensions) and 7-17 (Incident of Fraudulent 
Entry).
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190015377


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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