IN THE CASE OF:	  

		BOARD DATE:	  28 May 2013

		DOCKET NUMBER:  AR20130005422 


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 the following documents be removed from his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), or transferred to the restricted section of his AMHRR:

	a.  the file titled "Documents Relating to AWOL (absent without leave) and DFR (dropped from rolls) Status of a Member" in the performance section of his AMHRR; and

	b.  DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), 
DD Form 616 (Report of Return of Absentee), and two DA Forms 4187 (Personnel Action), dated 13 August 2002 and 4 September 2002, in the service section of his AMHRR. 

2.  The applicant states:

	a.  this is not an error in these files.  He did go AWOL in 2002.  His mother got sick and he went home to take care of her.  He returned when she was better.

	b.  he was an E-4 at the time and he made a mistake.  He takes full responsibility for his actions.  He is sorry for what he did and he has learned from his mistakes.



	c.  these documents are proving to be detrimental to his career 11 years later.  Since this has happened, he has been promoted to staff sergeant (SSG), deployed twice to Iraq, he has good noncommissioned officer evaluation reports, and he graduated from the Warrior Leader Course, Advanced Leaders Course, and Senior Leaders Course at the top of his class making the Commandant's list and winning the Draper Leadership award two times.  He has been an SSG for over 6 years now. 

	d.  he went AWOL for 7 months to take care of his mother.  She was diagnosed with ovarian cancer and she had a hysterectomy.  While he was gone he maintained contact with his squad leader.  He had every intention of returning to the Army when his mother was better.  When he called his squad leader in March 2003, his squad leader informed him they had just received orders to invade Iraq.  He immediately reported back to his unit.  In April 2003, he received an Article 15 and he was demoted to E-1 and received 45 days of restriction and extra duty.     

3.  The applicant provides no documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 4 June 1999 and has remained on active duty through continuous reenlistments.  

2.  His records contain a DA Form 4187, dated 13 August 2002, that shows his duty status changed from leave to AWOL effective 28 July 2002.

3.  His records contain a DD Form 458 (Charge Sheet), dated 28 August 2002, that shows he was charged with Article 85 (desertion).  This form states he was absent without authorization from his unit on 28 July 2002. 

4.  His records contain a DD Form 553, dated 4 September 2002, that shows he was AWOL effective 28 July 2002. 

5.  His records contain a DA Form 4187, dated 4 September 2002, that shows his duty status changed from AWOL to DFR effective 28 August 2002. 

6.  His records contain a DD Form 616, dated 14 March 2003, that shows he surrendered to military authorities on 13 March 2003.



7.  The available records do not contain any disciplinary action (Article 15 for 2002/2003 AWOL period). 

8.  He was promoted to staff sergeant effective 1 October 2006.

9.  A review of his AMHRR on the interactive Personnel Electronic Records Management System (iPERMS) revealed:

* six documents (DD Form 616, SAERC Form 85, Telephone/Verbal Conversation Record, DD Form 458, and Deserter Processing Checklist) in the "Documents Relating to AWOL and DFR Status of a Member" in the performance section of his AMHRR
* DD Form 553, DD Form 616, and two DA Forms 4187, dated 13 August 2002 and 4 September 2002, in the service section of his AMHRR 

10.  Army Regulation 600-8-104 (AMHRR Management), formerly known as "Military Personnel Information Management/Records," prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR.  It states the purpose of the AMHRR is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, administrative remarks, and any other personnel actions.

11.  Army Regulation 600-8-104, Appendix B (Documents Authorized for Filing in the Army Military Human Resource Record and/or iPERMS) states to file only 
DA Forms 4187 that show final action that changes data in the AMHRR.  File location depends on the type of change.  Forms that document time lost to be made good (including AWOL or dropped from rolls duty status changes) will be filed on the service folder.  

12.  MILPER Message Number 13-024, issued 28 January 2013, announces immediate implementation of changes to Appendix B of Army Regulation 
600-8-104, which lists all documents authorized for filing in the AMHRR.  Effective immediately, Army Personnel Records Division, U.S. Army Human Resources Command, will update the list of authorized documents for filing in the AMHRR quarterly.  The updated list will highlight any documents' additions, removals, or changes to existing filing instructions.  The new list of authorized documents will supersede the list in Table B-1, Appendix B of Army Regulation 600-8-104.   



13.  The updated list (Documents Authorized for Filing in IPERMS), dated 
20 March 2013, states the DFR packet which includes DD Forms 458, 553, and 616 will be filed on the service folder.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and subsequent good military performance were carefully considered.  However, evidence shows he went AWOL from 28 July 2002 to 13 March 2003, almost 8 months.

2.  There is no evidence the documents relating to his AWOL and DFR status were improperly imposed.  

3.  Evidence shows the performance section of his AMHRR includes "Documents Relating to AWOL and DFR Status of a Member."  However, the governing regulation states the DFR Packet will be filed in the service section of the AMHRR.  Therefore, the "Documents Relating to AWOL and DFR Status of a Member" should be removed from the performance section and transferred to the service section of his AMHRR. 

4.  The DD Form 616, DD Form 553, and two DA Forms 4187 were properly filed in the service section of his AMHRR in accordance with the governing regulation.  Therefore, there is no basis for granting his request that these documents be transferred to the restricted section of his AMHRR or be removed entirely from his AMHRR. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the file titled "Documents Relating to AWOL and DFR Status of a Member" from the performance section of his AMHRR and transferring it to the service section of his AMHRR. 

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to removing the DD Form 616, DD Form 553, or two DA Forms 4187 from his AMHRR or transferring these documents to the restricted section of his AMHRR.




      ___________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)                                         AR20130005422





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ABCMR Record of Proceedings (cont)                                         AR20130005422



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