PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           19 June 2003                   
	DOCKET NUMBER:   AR2002079082

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. William D. Powers		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records:

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that all entries related to an erroneous charge of AWOL (absence without leave) for the period 27 April 2001 through 2 May 2001 be deleted from his record.  His request to be paid the monies withheld for this AWOL period has been administratively accomplished.

3.  The applicant states that he was on convalescent and/or ordinary leave during the period in question.  He states that it was through miscommunications that he was charged as being AWOL and requests that now that the situation has been resolved that all references to the AWOL period be removed from his records.

4.  The applicant’s military records show that he enlisted in the U. S. Army Reserve (USAR) on 1 March 1985 and has had continuous service since that date.  He was promoted to master sergeant (MSG) (E-8) on 1 August 1997.

5.  In March 2001 the applicant underwent a second surgery for repair of a fracture of his right ankle at the Rodriguez Army Hospital, Fort Buchanan, Puerto Rico.  He developed post-surgical complications and was placed on convalescent leave.

6.  Due to slow recovery and the post-surgical complications, the applicant was authorized convalescent leave for the period 5 April through 26 April 2001.

7.  The applicant received permanent change of stations (PCS) orders to report to the 4013th USAR Garrison Support Unit (Ft. Polk), Bossier Louisiana.  His orders were modified following his surgery and again following his convalescent leave to show a reporting date of 27 April 2001.  

8.  A DD Form 689 (Individual Sick Slip), dated 27 April 2001, shows that the applicant’s physician placed him on convalescent leave for the period 27 April through 30 April 2001.  This notice appears not to have been forwarded to the 4013th.

9.  When the applicant did not report to the 4013th USAR Garrison Support Unit on the 27th, that unit reported him AWOL.  

10.  A memorandum signed by the Deputy Commander, Rodriguez Army Hospital, Fort Buchanan, Puerto Rico, dated 30 April 2001, states that the applicant was to return to duty, effective 27 April 2001, on a half-day basis and start intensive physical rehabilitation.  It stated that long car drives and traveling by himself is difficult and painful for the applicant.

11.  Upon receiving a copy of the Commander’s memorandum, the applicant contacted a travel agency and arranged for the first available plane from Puerto Rico to Louisiana.  

12.  The applicant reported in to his new duty station on 3 May 2001.  

13.  As the 4013th reported the applicant as AWOL for the period 27 April 2001 through 3 May 2001, his pay was adjusted to recoup pay for this period.

14.  A DA Form 4187 (Personnel Action), dated 1 May 2001, indicates that a change of duty status was initiated to change the period of 27 April 2001 through 30 April 2001 to convalescent leave and the period 1 May 2001 through 3 May 2001 to ordinary leave.  This form shows that the applicant’s PCS order had been amended five times.

15.  The applicant’s new unit commander reviewed the situation and in a memorandum, dated 20 June 2001, determined that the applicant was not at fault for the errors and miscommunication that occurred resulting in his being shown to have been AWOL.  He opined that the applicant had made a good faith effort to comply with conflicting information given him and requested that the applicant’s records be corrected to show the applicant as present for duty as of 30 April 2001 and in a leave status through 2 May 2001.

16.  The applicant initiated action to have his records corrected through the Inspector Generals Office and, on 2 September 2002, submitted a request to this Board to have his records corrected to show the period in question was not period of AWOL, and that the monies recouped be returned to him.

17.  Subsequent to the above request the applicant’s unit did correct the records it could and the applicant has received a payment of the monies recouped.

CONCLUSIONS:

1.  The Board concurs with the applicant’s commander that he did receive conflicting information.  

2.  The evidence of record clearly shows that during the period of 27 April through 30 April 2001, the applicant was in a convalescent leave status.  Therefore, it concludes that all of the applicant’s records should be corrected to show this period as convalescent leave.

3.  The Board further concurs with the applicant’s unit commander that he made the best possible effort to correct his status and report to his new unit as promptly as he was physically able to do so.  Therefore, the Board concludes that it is in the interest of justice to correct the applicant’s records to show that the applicant was granted ordinary leave for the period 1 May through 2 May 2001.

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a.  showing that the individual concerned was on convalescent leave for the period 27 April through 30 April 2001 and on ordinary leave 1 May through 2 May 2001; and

b.  purging all reference to the applicant having been considered AWOL for the period 27 April through 2 May 2001.

BOARD VOTE:  

__JNS___  ___LEM_  __WDP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_      John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002079082	
SUFFIX		
RECON		
DATE BOARDED	20030619	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	Delete AWOL	
2.		
3.		
4.		
5.		
6.