IN THE CASE OF:
BOARD DATE: 24 February 2009
DOCKET NUMBER: AR20080018896
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 that a DD Form 553 (Deserter/Absentee Wanted by the Armed Forces) and a DD Form 616 (Report of Return of Absentee) be moved from the performance section of his Official Military Personnel File (OMPF) to the restricted section of his OMPF.
2. The applicant states, in effect, that at the time of the incident he was young and dumb. He argues that he was a single father and made the bad choice of leaving and seeking help from his mother. He concludes that he has made a "great difference" in his career and is planning on making sergeant major.
3. The applicant provides a DD Form 553 and a DD Form 616 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 11 September 1997 and trained as a cannon crewmember.
2. A DD Form 553 shows the applicant departed his unit on 13 April 1999. A DA Form 4187 further shows the applicant was dropped from the rolls effective
13 May 1999.
3. A DD Form 616 shows the applicant returned to military control on 25 August 2003.
4. It appears the applicant was discharged in 2003, however, there is no record of his discharge proceedings available.
5. A review of the performance section of the applicantÂ’s OMPF on the Integrated Personnel Electronic Records Management System revealed a copy of the DD Form 553 and a copy of the DD Form 616.
6. The applicant enlisted under a different name in the U.S. Army Reserve Delayed Entry Program on 9 December 2004 and in the Regular Army on
28 December 2004. The applicant's initial enlistment contract show his name as B__ W__ G. His second enlistment contract shows his name as B__ NMN E__.
7. Item 7 (Previous Military Service Upon Enlistment/Reenlistment) of the applicant's enlistment contract dated 9 December 2004 does not show any previous military service.
8. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Table 2-1 of the regulation provides, in pertinent part, that a DD Form 553 and DD Form 616 will be filed in the performance portion of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that a DD Form 553 and a DD Form 616 be moved from the performance section of his OMPF to the restricted section of his OMPF has been carefully reviewed.
2. The DD Form 553 and the DD Form 616 are properly filed in the applicant's military records in accordance with the governing regulation. There is no evidence that they were improperly imposed. It would not be equitable to place the applicant on the same competitive footing as Soldiers who have no blemish on their records. Therefore, there is no basis for granting the applicant's request that the DD Form 553 and DD Form 616 be moved from the performance section to the restricted section of his OMPF.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ____X__ ___X ____ 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.
_______ _ _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.
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