| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Ted S. Kanamine | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his Report of Separation from Active Duty, DD Form 214, be amended to show he had 1 year, 8 months, and 6 days of active service.
APPLICANT STATES: That his DD Form 214 shows he entered active duty on 19 January 1973 and separated on 24 September 1974. He provides his DD Form 214 as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the U. S. Army Reserve on 4 October 1972. He was voluntarily ordered to initial active duty for training on 19 January 1973.
On 2 February 1973, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for intentionally avoiding duty by causing injury to himself by swallowing a razor blade.
On 3 February 1973, the applicant attempted suicide for the third time when he successfully swallowed a single-edge razor blade. The razor was surgically removed from his stomach. He was returned to duty on 16 February 1973 and apparently placed in pre-trial confinement at this time.
A Line of Duty investigation revealed that the applicant was declared mentally sound by two neuropsychiatric evaluations and one sanity board hearing and his injuries were found to have been sustained not in the line of duty due to his own misconduct. The findings of the investigation were approved.
On 30 May 1973, the applicant was convicted by a general court-martial of intentionally avoiding duty by causing injury to himself by swallowing a razor blade. His approved sentence was to be discharged with a bad conduct discharge, to be confined at hard labor for 6 months, and to forfeit $200.00 pay per month for 6 months, all suspended for 6 months.
The applicant departed absent without leave (AWOL) on 3 July 1973 and again on 5 July 1973 (for 1 day of AWOL each period). On an unknown date he was apparently placed on excess leave pending appellate review.
On 13 September 1974, the suspension of the bad conduct discharge was vacated and the rest of the suspended sentence was remitted.
On 24 September 1974, the applicant was discharged in absentia pursuant to his sentence by general court-martial. His DD Form 214 shows he completed 19 days of creditable active service.
The Department of Defense Financial Management Regulation provides that when an absence is an unauthorized absence of more than 24 consecutive hours, or due to an inability to perform duty for more than 24 consecutive hours because of an injury resulting from misconduct, or because of confinement for more than 24 consecutive hours while awaiting trial or confinement as the result of a court-martial sentence, then the period of absence is not creditable. Excess leave is creditable service only under certain circumstances.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. There is no evidence of record to show that the applicant had more than 19 days of creditable active service. Although he entered active service on 19 January 1973 and was discharged on 24 September 1974, most of this period was noncreditable time spent in the hospital due to injuries incurred as a result of his misconduct, pre-trial confinement, AWOL, or excess leave.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__tsk___ __fne___ __jtm___ DENY APPLICATION
| CASE ID | AR2001062119 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020110 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 123.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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