IN THE CASE OF:	  

		BOARD DATE:	 12 November 2014 

		DOCKET NUMBER:  AR20140017346 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests removal of two DA Forms 4187 (Personnel Action), dated 6 April 2012 and 9 April 2012, from his Official Military Personnel File (OMPF).

2.  The applicant states the documents are erroneous.

3.  The applicant provides:

* DA Form 4187, dated 6 April 2012
* DA Form 4187, dated 9 April 2012
* DA Form 4187, dated 19 August 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Regular Army in the rank of first lieutenant.

2.  A DA Form 4187, dated 6 April 2012, shows his duty status was changed from present for duty (PDY) to absent without leave (AWOL) effective 5 April 2012.  Section IV (Remarks) of this form states, "At 0001 on 5 April 2012, [Applicant] failed to sign in off of leave.  [Applicant's] leave date was from 7 March 2012 to 1 April 2012 and was extended for 3 days for emergency reasons."

3.  A DA Form 4187, dated 9 April 2012, shows his duty status was changed from AWOL to PDY effective 7 April 2012.  Section IV of this form states, "[Applicant] signed in at 264th Medical Battalion Staff Duty at 1120 on 07 April 2012 after failing to report off of leave on 05 April 2012."

4.  A DA Form 4187, dated 19 August 2013, shows an erroneous duty status was recorded on the applicant's DA Form 4187, dated 6 April 2012.  Section IV of this form states his leave was extended for 6 days, not 3 days as recorded on his DA Form 31 (Request and Authority for Leave).  The duty status change should be deleted due to the erroneous entry.

5.  A review of the applicant's service, personnel, finance records, and sections of his OMPF on the interactive Personnel Electronic Records Management System (iPERMS) revealed copies of all three DA Forms 4187 mentioned above.

6.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF.  It states the purpose of the OMPF is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, administrative remarks, and any other personnel actions.

7.  Appendix B (Documents Authorized for Filing in the OMPF and/or iPERMS) states to file only DA Forms 4187 that show the final action that changes data in the OMPF.  File location depends on the type of change.  Forms that document lost time to be made good (including AWOL or dropped from the rolls duty status changes) will be filed in the service folder.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the DA Forms 4187, dated 6 April 2012 and 9 April 2012, are erroneous appears to have merit.

2.  Since the DA Form 4187, dated 19 August 2013, states an erroneous duty status was recorded on his DA Form 4187, dated 6 April 2012, it appears he was never AWOL.

3.  Based on the foregoing evidence, there is a viable reason for removing the DA Forms 4187, dated 6 April 2012, 9 April 2012, and 19 August 2013, from his OMPF.  These forms offer no relevant information regarding the applicant’s service, conduct, or duty performance.  Moreover, removing them would eliminate the potential for confusion by officials authorized to review his OMPF.
4.  In view of the foregoing evidence, the applicant's records should be corrected as recommended below.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the DA Forms 4187, dated 6 April 2012, 9 April 2012, and 19 August 2013 from his OMPF.



      _____________X____________
                  CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20140017346



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ABCMR Record of Proceedings (cont)                                         AR20140017346



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