IN THE CASE OF:	

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20100012662 


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 removal of the absent without leave (AWOL) charge from the U.S. Army Crime Records Center (USACRC) repository.

2.  The applicant states he was a young Soldier and fairly new to the Army at the time his grandmother was diagnosed with terminal cancer.  He requested to take leave to see his grandmother before she died, but because he was pending nonjudicial punishment for being late a few times, his rear detachment noncommissioned officer in charge would not approve his leave.  He went anyway.  Upon his return, he met with his command sergeant major who orally reprimanded him and told him that was the only action being taken against him.  He has since been promoted to staff sergeant, served in combat, and is currently assigned to the National Capital Region Drug Suppression Team with outstanding evaluation reports.  However, his application to become a U.S. Army Criminal Investigation Command (USACIDC, also known as CID) agent was denied because of this AWOL incident.  Additionally, his background is currently being checked for recruiting duty.  He feels it is unjust to have this incident on his records.

3.  The applicant provides a copy of a DA Form 4833 (Commander's Report of Disciplinary or Administrative Action), dated 15 May 2006, and copies of a DA Form 3975 (Military Police Report) and a DA Form 3975-1 (Military Police Report - Additional Offenses), dated 22 December 2004, in support of his request.


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 5 years on 25 October 2002 and held military occupational specialty 31B (Military Police).  He was assigned to the 977th Military Police Company, Fort Riley, KS.

2.  The facts and circumstances surrounding his AWOL are not available for review with this case.  However, he provided the following documents:

	a.  DA Form 3975 and DA Form 3975-1, dated 22 December 2004, showing an investigation revealed he departed his unit on 12 December 2004 in an AWOL status and surrendered to the provost marshal (PM) office at Fort Riley, KS, on 4 January 2005; and

	b.  DA Form 4833, dated 15 May 2006, showing he received an oral reprimand from his battalion commander.

3.  It appears the DA Form 3975, DA Form 3975-1, and DA Form 4833 were forwarded for filing with USACRC.

4.  Subsequent to his incident, the applicant was promoted to staff sergeant/E-6, served in Iraq, and has received superior evaluation reports.  He is currently assigned to the 75th Military Police Detachment (CID), Fort Belvoir, VA.

5.  Army Regulation 190-45 (Law Enforcement Reporting) establishes policies and procedures for offense and serious incident reporting within the Army; for reporting to DOD and the Department of Justice, as appropriate; and for participation in the Criminal Justice Information System, Federal Bureau of Investigation, National Law Enforcement Telecommunications System, and State criminal justice systems.

	a.  Paragraph 4-2a states that the DA Form 3975 is a multi-purpose form used to record all information or complaints received or observed by the Military Police; serve as a record of all military/DA civilian police and military/DA civilian police investigator activity; document entries made into a designated system and other automated systems; report information concerning investigations conducted by civilian law enforcement agencies related to matters of concern to the Army; advise commanders and supervisors of offenses and incidents involving personnel or property associated with their command or functional responsibility; and report information developed by commanders investigating incidents or conducting inspections that result in the disclosure of evidence that a criminal offense has been committed.

	b.  Paragraph 4-2b states that the DA Form 3975 will be prepared in three copies, signed by the PM or a designated representative, and distributed as follows:  (1) send original to USACRC; further information arising or developed at a later time will be forwarded to USACRC using a supplemental DA Form 3975; reports submitted to USACRC will include a good, legible copy of all statements, photographs, sketches, laboratory reports, and other information that substantiates the offense or facilitates the understanding of the report; (2) retain one copy in the PM's files; and (3) forward one copy through the field grade commander to the immediate commander of each subject or organization involved in an offense.

	c.  Paragraph 4-2d states that if an offense is determined to be unfounded, after the case has been forwarded to USACRC, a supplemental DA Form 3975, using the same military police report number and USACRC control number will be submitted stating the facts of the subsequent investigation and that the case is unfounded.  A copy of the supplemental DA Form 3975 will be provided to those agencies or activities that received a copy of the completed DA Form 3975 at the time of submission to USACRC and to the commander for action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the AWOL offense should be removed from the USACRC repository.

2.  The facts and circumstances of the applicant's AWOL are not available for review with this case.  However, according to the documents he submitted it appears that he went AWOL on 12 December 2004 and surrendered on 4 January 2005.  Accordingly, a DA Form 3975 was submitted and forwarded to the USACRC as required by applicable regulation.

3.  There is no regulatory provision to remove this form from USACRC.  In order to correct an offense determined to be unfounded, after the case has been forwarded to USACRC a supplemental DA Form 3975 is submitted stating the facts of the subsequent investigation and that the case is unfounded.

4.  There is no evidence in his records and he did not provide any evidence that the AWOL offense was determined to be unfounded.  Therefore, there is insufficient evidence to grant him the 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)                                         AR20100012662



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ABCMR Record of Proceedings (cont)                                         AR20100012662



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