IN THE CASE OF:
BOARD DATE: 1 September 2009
DOCKET NUMBER: AR20090004721
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, in effect, that his DA Form 20 (Enlisted Qualification Record) be corrected in Item 38 (Record of Assignments) to show only one entry for AWOL (absent without leave).
2. The applicant states he was only AWOL on one occasion.
3. The applicant provides page 3 (containing Item 38 entries) of his DA Form 20.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army (RA) on 29 August 1972. During the period 2 October 1973 through 9 January 1974, he was AWOL from Fort Sill,
OK and dropped from the rolls (DFR) of the Army as a deserter. On 10 January 1974, he was apprehended by civil authorities in Memphis, TN and returned to military control at Fort Campbell, KY and assigned to the Personnel Control Facility (PCF).
3. While assigned to the PCF, the applicant again went AWOL from 8 February 1974 through 3 April 1974. His AWOL ended when he voluntarily returned to military control at the Fort Campbell PCF on 4 April 1974.
4. DA Forms 188 (Extract Copy of Morning Report) confirm the applicants two separate periods of AWOL.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was only AWOL from 2 October 1973 through 9 January 1974, and requests a second period of AWOL from 8 February 1974 through 3 April 1974 be removed from his records.
2. Records show the applicant went AWOL from the Fort Campbell PCF on
8 February 1974, after having been AWOL from Fort Sill for 100 days, and surrendered to military control on 4 April 1974.
3. The applicants records correctly reflect his two periods of AWOL totaling 155 days of lost time. Therefore, there is no basis for granting the applicant's requested relief.
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.
ABCMR Record of Proceedings (cont) AR20090004721
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ABCMR Record of Proceedings (cont) AR20090004721
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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