BOARD DATE:	  2 January 2014

		DOCKET NUMBER:  AR20130006688 


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 expunction of any and all documents related to him being in an absent without leave (AWOL) and/or being in a deserter status from his records, including: 

* DD Form 458 (Charge Sheet)
* DA Form 188 (Extract Copy of Morning Report)
* DA Form 268 (Report for Suspension of Favorable Personnel Actions)
* DD Form 553 (Absentee Wanted by the Armed Forces)
* Commanding Officer's Inquiry

2.  The applicant states:

	a.  The information is in error; he was always there where he was ordered to be and he was never AWOL or a deserter.  During the time of the alleged offense, he was promoted to private first class (PFC)/E-3, received the Army Good Conduct Medal, and received an honorable discharge.  He also received his wages every month and the Army knew where he was at all times.  He was discharged and was drawing disability when his father received the letter from the Army that he was AWOL.  That letter was followed by a visit from the police.  He was unaware that these records were part of his file but he feels certain that he was rejected from civil service jobs as a result of the content.  

	b.  He has been blind since 2006 and he just became aware of the faulty and damaging records.  He was told they would be corrected in a 1970 phone call to Fort Dix, NJ.  It is extremely important to him that the error be corrected.  He is now advanced in years and likely will never be able to use the corrected records in his government employment but he wants his family and anyone else to see his records and know he served honorably. 

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 26 November 1969
* DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty), dated 12 May 1981
* Special Orders Number 250 (discharge), dated 20 November 1969
* Special Orders Number 65 (Army Good Conduct Medal), dated 28 November 1969
* Honorable Discharge Certificate
* Commanding Officer's Inquiry
* DA Form 268
* DD Form 553
* DA Form 188
* Letter to his father
* DA Form 20 (Enlisted Qualification Record)

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the Regular Army (RA) on 6 October 1964 and he held military occupational specialty 111.00 (Light Weapons Infantryman).  He was promoted to private/E-2 on 23 March 1965. 

3.  On 4 March 1965, his immediate commander initiated separation action against him under the provisions of Army Regulation 635-209 (Personnel Separations - Discharge - Inaptitude or Unsuitability), by reason of unsuitability. 

4.  The applicant acknowledged the notification and he elected not to have his case heard by a board of officers.  He also elected not to submit a statement in his own behalf. 

5.  On 15 March 1965, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-209 and directed the issuance of a General Discharge Certificate.  On 26 March 1965, the applicant was discharged accordingly.  His DD Form 214 shows his character of service as under honorable conditions (general).  He completed 5 months and 21 days of creditable active service during this period.

6.  On 1 August 1966, the Army Discharge Review Board (ADRB) reviewed his discharge and determined he should have received an honorable characterization of service.  

7.  On 21 September 1966, the ADRB notified him that his characterization of service has been changed to honorable and that he had been issued an Honorable Discharge Certificate as well as a DD Form 214 reflecting his honorable characterization of service. 

8.  On 14 October 1968, he enlisted in the RA for 3 years.  After completion of basic combat training at Fort Knox, KY, he was issued Special Orders Number 345, on 10 December 1968, reassigning him to the U.S. Army Transportation School, Fort Eustis, VA, effective 5 January 1969.

9.  On 26 February 1969, Headquarters, U.S. Army Training Center, Fort Dix, NJ, published Special Orders Number 57 assigning the applicant to the Medical Company, Walson Army Hospital for on the job training in military occupational specialty 91A (Medical Specialist).  He was promoted to PFC/E-3 on 8 April 1969. 

10.  On or about 13 June 1969, he was reassigned to Fort Sam Houston, TX, and on or about 20 August 1969, he was assigned to the Medical Hold Company, Brooke Army Medical Center, pending the outcome of his physical evaluation board. 

11.  On 20 November 1969, Headquarters, Brooke Army Medical Center, Fort Sam Houston, TX, published Special Orders Number 250, ordering his discharge in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of disability effective 26 November 1969.  

12.  He was honorably discharged on 26 November 1969 by reason of disability. His DD Form 214, as amended by his DD Form 215, shows he completed 1 year, 1 month, and 13 days of creditable active service.  

13.  On 20 February 1970, several documents were initiated/processed by officials at Fort Dix, NJ: 

	a.  The Replacement Company, Fort Dix, NJ, submitted a DA Form 188 reporting him in an "Assigned Not Joined" status from Fort Eustis, VA, effective 23 February 1969, and placing him in an AWOL status effective 24 February 1969 and in a deserter status effective 31 March 1969.  

	b.  A DD Form 458 was initiated by the Replacement Company, U.S. Army Training Center, Fort Dix, NJ, preferring court-martial charges against the applicant for one specification of absenting himself from his unit without proper authority on or about 24 February 1969.  

	c.  A DD Form 553 was initiated by the Personnel Officer, Replacement Detachment, indicating the applicant was in an AWOL status effective 24 February 1969. 

	d.  A Commanding Officer's Inquiry, signed by the Commander, Replacement Company, indicating the applicant was assigned to the Replacement Company from Fort Eustis, VA, by authority of Special Orders Number 30, issued by Fort Eustis, VA, with a report date of 16 February 1969.  The applicant departed his unit in an AWOL status on 24 February 1969 and he was placed in a deserter status on 1 April 1969. 

	e.  A letter from the Personnel Officer, Replacement Detachment, to the applicant's father informing him that his son (the applicant) was in an AWOL status which is considered a very serious offense. 

DISCUSSION AND CONCLUSIONS:

1.  At some point in early 1969, the applicant was assigned to Fort Dix, NJ.  Shortly thereafter he was also reassigned to Fort Sam Houston, TX, due to an illness or an injury that led to his medical processing.  It also appears a physical evaluation board recommended his discharge by reason of disability.  

2.  On 20 November 1969, Fort Sam Houston, TX, ordered him discharged by reason of disability.  As such, he was honorably discharged on 26 November 1969 by reason of disability. 

3.  Nearly 4 months later, officials at Fort Dix determined that he failed to report from Fort Eustis, VA, to Fort Dix, NJ on 20 February 1969.  This triggered a series of events including reporting him in an AWOL/deserter status, initiating court-martial charges against him, flagging him, and notifying his father of this status.  

4.  It is clear that administrative errors and lack of communications between officials at Fort Dix and those at Fort Sam Houston led to this unfortunate situation.  He was not AWOL.  As such, he should be entitled to the expunction of any reference to AWOL from his records. 

BOARD VOTE:

__X___  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* removing from his service record the DD Form 458, DA Form 188, DA Form 268, DD Form 553, and Commanding Officer's Inquiry
* ensuring the documents he provided with his application are not filed in his service record
* returning this Record of Proceedings to the ABCMR for filing




      _______ _ 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)                                         AR20130006688





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ABCMR Record of Proceedings (cont)                                         AR20130006688



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