IN THE CASE OF:	  

		BOARD DATE:  19 July 2012

		DOCKET NUMBER:  AR20110023677 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) item 29 (Dates of Time Lost During this Period).

2.  The applicant states:

	a.  the lost time listed in item 29 should be deleted; and

   b.  as noted on her DA Form 2173 (Statement of Medical Examination and Duty Status), she was at Fort Campbell, KY receiving care and treatment, she was not absent without leave (AWOL); therefore, those days should not be listed as time lost because she was accounted for.

3.  The applicant provides copies of her DD Form 214 and DA Form 2173.

CONSIDERATION OF EVIDENCE:

1.  On 5 November 2008, the applicant enlisted in the Tennessee Army National Guard and was ordered to report to Fort Jackson, SC for basic training on
16 April 2009.

2.  The specific facts and circumstances surrounding her two periods of AWOL are not available for review.  The evidence does include a properly constituted DD Form 214 that contains the dates of lost time during her period of service.  This document was authenticated by the applicant with her digital signature in Item 21 (Signature of Person Being Separated). 
3.  Her official military personnel file (OMPF) contains a memorandum from 1st Battalion, 34th Infantry Regiment, Subject:  Operational Report Number 09-0002 (Initial), which states the applicant was reported AWOL, effective 22 May 2009, after going on sick call.

4.  She submitted a DA Form 2173, dated 28 May 2009, from the Blanchfield Army Community Hospital, Fort Campbell, KY which shows she was treated for assault and acute stress reaction resulting from an assault while waiting for a bus on 14 May 2009 at Fort Jackson, SC.  On the same date her duty status was changed from AWOL to present for duty.

5.  Her OMPF contains:

	a.  a memorandum from Foxtrot Company, 1st Battalion, 34th Infantry Regiment, Fort Jackson, SC, Subject:  Missing Records of [the applicant], dated 1 July 2009, which states the administrative separation was forwarded for necessary action.  All required documentation was enclosed in the drop from rolls packet (DFR). 

	b.  a letter to her family informing them she was DFR, effective 1 July 2009.

	c.  a DA Form 4187 (Personnel Action), which shows her duty status changed
from AWOL to present for duty, effective 7 October 2009. 

6.  On 7 October 2009, she underwent a mental status evaluation wherein she was diagnosed with:

* Axis I:  Anxiety Disorder NOS (Not Otherwise Specified)
* Axis II:  Diagnosis Deferred
* Axis III:  None

7.  Page three of her mental status evaluation indicated she was admitted to a hospital in July 2009 after attempting suicide.  After a 9 day hospital stay, she resumed outpatient psychotherapy and was ultimately returned to her Fort Jackson, SC duty station as requested by her commander.  The clinical psychologist found she had the mental capacity to understand and participate in separation proceedings and she was mentally responsible.

8.  On 8 October 2009, her immediate and intermediate commanders recommended that she be separated from the military under the provisions of Army Regulation 635-200, paragraph 5-17, due to other designated physical or mental conditions, and that she receive an uncharacterized discharge.  

9.  On 8 October 2009, the separation authority approved the recommendation for separation under the provisions of Army Regulation 635-200, paragraph 5-17 for Other Physical or Mental Disorders and directed that the applicant be issued an uncharacterized discharge.

10.  Her DD Form 214 shows she was discharged on 9 October 2009 after the completion of 1 month and 14 days of net active service.  This form also contains the following entries:

* Item 24 (Character of Service) – Uncharacterized
* Item 25 (Separation Authority) – Army Regulation 635-200, Paragraph
5-17
* Item 28 (Narrative Reason for Separation) – Physical Condition, Not a Disability 
* Item 29, 22 May to 28 May 2009 (7 days) and 1 June to 7 October 2009 (99 days).

11.  Army Regulation 630-10 (Absence Without Leave and Desertion) provides guidance for determining AWOL or desertion status.  It defines procedures for administration of persons in such status.  It gives instructions for starting apprehension efforts.  It also describes administrative action for Soldiers returning to military control.  It states:

	a.  Soldiers will be reported AWOL when they absent themselves without authority and remain absent for more than 24 hours.

	b.  Absentees and deserters are considered returned to military control when they:

* surrender to military authorities
* are delivered to military authorities
* are arrested by or for military authorities and are available for transfer to military custody after being held by civil authorities

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her record should be corrected to remove any entries showing lost time has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The DA Form 2173 she submitted shows she was treated on 28 May 2009, the last date of her AWOL period, as an outpatient, at a military hospital.  Page three of her mental status evaluation indicates she was hospitalized 9 days for a suicide attempt in July 2009, however, it does not state she was treated at her duty station or a military hospital.  The available evidence shows she was returned to duty status when she returned to her unit at Fort Jackson, per her commander’s request.  However, these hospitalizations occurred during her periods of AWOL.  

3.  The applicant’s OMPF file and the independent evidence provided by the applicant fail to provide any documentation supporting her assertion that the time lost entry on her DD Form 214 is erroneous and should be removed.  Absent any documentary evidence supporting her claim, there is an insufficient evidentiary basis to support granting 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)                                         AR20110023677



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ABCMR Record of Proceedings (cont)                                         AR20110023677



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