2. The applicant requests that his DA Form 20, Enlisted Qualification Record, item 35, Record of Assignments, have the entry that he was dropped from the rolls of the Army as a deserter on 14 November 1970 deleted.
3. He states that this entry was made in error. He was an
in-patient at a military hospital at that time.
4. His records show that he enlisted in the Regular Army for
3 years in pay grade E-1. He was awarded the military occupational specialty of cook, was promoted to pay grade
E-4, and served in Vietnam.
5. On 11 July 1970 he reenlisted for an additional 3 years. In conjunction with his reenlistment, he was given reenlistment leave.
6. The applicant failed to return to his unit after his reenlistment leave had expired. Accordingly, his status was changed from absent with authorized leave to absent without leave (AWOL) effective 1 October 1970. His DA Form 20, item 35, has entered that he was dropped from the rolls of the Army as a deserter on 14 November 1970.
7. Prior to the applicant being declared AWOL or being dropped from the rolls of the Army as a deserter, he was admitted to the military hospital at El Paso, Texas. He was then transferred to Letterman General Hospital at the Presidio, California.
8. On 20 November 1970 a medical evaluation board (MEB) was convened and determined that the applicant was medically disqualified due to epilepsy, grand mal, a condition he had since he was 8 months old. The MEB determined that his condition was not service connected, that it existed prior to service (EPTS).
9. The applicant was advised of those findings and requested an expeditious discharge due to his having a medically disqualifying EPTS condition.
10. Accordingly, he was honorably discharged on 11 December 1970 due to physical disability, EPTS. Item 26a of his
DD Form 214, Non-pay periods/time lost, has None entered.
CONCLUSIONS:
1. The applicant was under military control when his duty status was changed from absent with authorized leave to AWOL, and from AWOL to dropped from the rolls of the Army. As such, those entries were made in error.
2. It appears that the applicants unit was not advised of his admission and inpatient treatment at military hospitals. That lack of communication apparently caused the applicant to be erroneously carried as AWOL and in his being dropped from the rolls of the Army.
3. The entry on his DA Form 20, item 38, is obviously in error as is the other documents contained in his military records pertaining to his being carried as AWOL and to his being dropped from the rolls of the Army.
4. In view of the foregoing, the applicants records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by deleting all references to his duty status being changed from absent with authorized leave to AWOL, and from his being dropped from the rolls of the Army.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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