IN THE CASE OF:
BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110001844
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 reconsideration of his request to remove the lost time from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
2. The applicant states, in effect, that he takes great pride in his service and he has lived his life with the same honestly and integrity as a public service officer as he did his life as a Soldier and he swears that he was not absent without leave (AWOL) at any time during his service.
3. The applicant provides a third party character reference and four commendations from his civilian employment as a member of the Ohio State University Police Department.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100014920, on 29 December 2010.
2. The applicant enlisted in the Regular Army on 15 October 1958 for a period of 3 years. He was advanced to the pay grade of E-4 on 25 February 1960 and served until he was honorably released from active duty (REFRAD) at Fort Hamilton, New York on 2 February 1962.r
3. His DD Form 214 issued at the time of his REFRAD shows that he had served 3 years, 3 months and 13 days of active service and that he had 5 days of lost time from 1 September through 5 September 1961. The applicant signed his DD Form 214.
4. The applicants records shows that on 11 September 1961 the applicant was reduced to the pay grade of E-3; however, his rank was subsequently restored. The Record of Nonjudicial Punishment (DA Form 2627) is not present in the available records and his conduct rating during the period of 24 July to 20 September 1961 was rated as fair.
5. Army Regulation 630-10 (Absence without Leave, Desertion, and Administration of Personnel Involved in Civilian Court Proceedings) provides, in pertinent part, that when a Soldier returns from an absence that is or appears to be unauthorized, the unit commander informally investigates the case and decides whether disciplinary action should be taken and if the Soldier should be charged with lost time. A Soldiers absence may be classified as authorized or unauthorized. Unauthorized absences are considered AWOL, unless excused. If not excused. The unauthorized absence is treated as lost time.
DISCUSSION AND CONCLUSIONS:
1. The applicants supporting documents have been noted and while the sincerity of the applicants claim that he was never AWOL during his service is not in doubt, he has provided no evidence to dispute the available records. As a career police officer the applicant should understand the necessary importance of evidence to establish the facts.
2. Unfortunately, the applicant comes to the Board 48 years after the fact claiming that he was unjustly charged with lost time; however, he has submitted no evidence that disputes the entry on his records. This coupled with the fact that his conduct rating during the period in question was rated as fair and the fact that he had initially been reduced in grade during that period serves to support the entry on his records.
3. While the applicants rank was subsequently restored, that may have been the result of an appeal of the nonjudicial punishment and does not necessarily imply that he was not deemed to be AWOL by the unit commander at the time.
4. Therefore, in the absence of evidence to show that the period in question was deemed to be an authorized absence, it is reasonable to presume that his absence was deemed to be unauthorized and thus the entry on his records is presumed to be correct.
5. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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 to amend the decision of the ABCMR set forth in Docket Number AR20100014920, dated 29 December 2010.
___________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) AR20110001844
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ABCMR Record of Proceedings (cont) AR20110001844
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