RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2005
      DOCKET NUMBER:  AR20040008135


      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. David S. Griffin              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Lawrence Foster               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

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

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, to remove the absent without leave
(AWOL) charge from his record.

2.  The applicant states, in effect, that:

      a.  he sustained an injury to his left knee and left ankle while in
basic training;

      b.  while he was at advance individual training (AIT) an orthopedic
specialist gave him a profile not to be less than one year in length;

      c.  upon completion of AIT he was transferred to Korea, but was told
he could not remain because his profile was for more than six months.  He
was then issued orders to report to the medical holding company (MHC) at
Fort Carson, Colorado;

      d.  upon arrival at Fort Carson, the non-commissioned officer-in-
charge (NCOIC), a sergeant first class (SFC), at the personnel office in
Evans Hospital told him that there was not a clear destination shown on his
orders;

      e.  the NCOIC told him he could stay with family in the area while
his unit in Korea was contacted.  He was told to check in once a week;

      f.  it took two months to determine that he was to report to the
medical holding unit which had a copy of his orders stating he should have
reported to them in December 1993 or first part of January of 1994;

      g.  the commander of the MEDDAC (medical department activity) told
him he was to be charged with AWOL because the NCOIC he had initially seen
had left the service and could not be reached;

      h.  the command sergeant major (CSM) told him it was not his fault
but they had to give him an Article 15 because they could not reach the
former NCOIC and there were only a few acknowledgments that he had checked
in; and

      i.  there was no way to get the whole story out.

3.  The applicant provides no documentation or evidence in support of his
request.
CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted on 12 March 1993 for
a period of 4 years.  He successfully completed basic combat and AIT and
was awarded the military occupational specialty 31D10 (mobile subscriber
equipment (MSE) transmission system operator).

2.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows that
the applicant was assigned to Headquarters Company, 122nd Signal Battalion
in Korea on 19 November 1993.

3.  509th Personnel Service Company, Unit 15049, APO AP 96224-0310, Orders
334-113, dated 19 November 1993, directed the applicant to proceed on
permanent change of station to the MHC, U.S. Army Community Hospital
(W2P1AA), Fort Carson, Colorado with a reporting date of 10 December 1993.

4.  The applicant's status was changed from present for duty to AWOL at
1400 hours, 25 January 1994.  He remained AWOL until 0900 hours, 1 February
1994.

5.  The applicant accepted nonjudicial punishment (NJP) under Article 15,
Uniform Code of Military Justice (UCMJ), on 16 February 1994 for AWOL
during the period from 25 January 1994 to 1 February 1994.  The applicant
did not request a person to speak in his behalf nor did he submit matters
in defense, mitigation, and or extenuation.  The applicant did not appeal
the punishment imposed.

6.  On 8 April 1994, the applicant was released from active duty due to non-
retention on active duty based on a local bar to reenlistment.  He had
completed 1 year and 21 days of active service characterized as honorable
and had 8 days time lost.  The highest grade the applicant held was
private/pay grade E-2.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity. The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his AWOL should be removed from his records.
The applicant contends that because the NCOIC at the personnel office could
not identify the ultimate destination on his orders, he was told to stay in
town with his family and check in once a week.

2.  The orders issued to the applicant in Korea clearly show that the
applicant was to report to the Medical Holding Company at the U.S. Army
Community Hospital at Fort Carson.

3.  The applicant's status changed from present for duty to AWOL.  This
means he had reported to the MHC, had been present for duty, and then
departed AWOL.

4.  The applicant did not submit matters in defense, mitigation, and or
extenuation at his Article 15 hearing.  The applicant did not appeal the
punishment imposed.

5.  The evidence of record clearly shows a period of AWOL from 25 January
1994 to 1 February 1994.  The applicant has not submitted any evidence to
corroborate his contentions.

6.  The ABCMR begins its consideration of each case with the presumption of
administrative regularity. The applicant has the burden of proving an error
or injustice by a preponderance of the evidence.

7.  In order to justify correction of a military record the applicant must,
or it must otherwise satisfactorily appear, that the record is in error or
unjust.  The applicant has failed to submit evidence that would satisfy
that requirement.

8.  In view of the foregoing, there is insufficient evidence to grant
relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TSK __  __JTM __  ___LF___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                       __Ted S. Kanamine__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008135                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050719                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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