IN THE CASE OF:
BOARD DATE: 10 November 2010
DOCKET NUMBER: AR20100012731
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 the entry of lost time be removed from his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was never absent without leave (AWOL) or absent from his appointed place of duty. He was a good Soldier and this entry is definitely a mistake.
3. The applicant provides no supporting documentation.
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 on 3 April 1990, completed training, and was awarded military occupational specialty 11B (Infantryman).
3. An Entrance Physical Standards Board Proceedings, dated 8 March 1991, found that the applicant was suffering from symptomatic Osgood-Schlatter's disease that rendered him unfit for enlistment in accordance with Army Regulation 40-501, paragraph 2-10c(7). It was recommended that he be separated under Army Regulation 635-200, paragraph 5-11.
4. A Request for Duty Status, dated 10 April 1991, shows the applicant was AWOL effective 0700 hours 2 April 1991.
5. A Request for Duty Status, dated 15 April 1991, shows the applicant was present for duty effective 1130 hours 15 April 1991.
6. The applicant was honorably discharged on 19 April 1991 for failure to meet procurement medical fitness standards - no disability.
7. The applicant's DD Form 214 shows 1 year and 12 days of creditable service with lost time from 2 April 1991 - 6 April 1991.
8. There is no additional documentation in the available record to clarify the applicant's status during this period.
9. Army Regulation 15-185 (ABCMR) states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was never AWOL or absent from his appointed place of duty. He was a good Soldier and this entry is definitely a mistake.
2. The available evidence shows the applicant was considered AWOL for 13 days prior to discharge. There is no clarifying information to determine what his status was during this period or why only 5 days are shown on the DD Form 214.
3. In the absence of evidence to the contrary, the ABCMR must apply the presumption of regularity in governmental affairs. There is nothing in available records or in the evidence submitted by the applicant to overcome this presumption.
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) AR20100012731
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ABCMR Record of Proceedings (cont) AR20100012731
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