BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140010358 


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 his military records by removing two DA Forms 4187 (Personnel Action) dated on 10 December 2011.

2.  The applicant states the subject DA Forms 4187 show his duty status was changed from present for duty (PDY) to absent without leave (AWOL) at 1420 hours on 10 December 2011.  His status was subsequently changed from AWOL to PDY at 1600 hours that same day.  He argues that his period of time was only 1 hour and 40 minutes and did not constitute a period of AWOL according to Article 86, Uniform Code of Military Justice (UCMJ).  He further contends that he was never listed by the military police as being AWOL and that a detective informed him that had his unit tried to submit these forms for charging him with being AWOL, they would have been denied.  He further states that the incident occurred on a Saturday, a non-duty day and the unit provided no documentation stating he was to be on duty.  Further, he argues that the Department of Veterans Affairs (VA) determined that he was insane at the time.

3.  The applicant provides copies of:

* A DA Form 4187 effective 1420 hours, 10 December 2011
* A DA Form 4187 effective 1600 hours, 10 December 2011
* A letter, TriWest Healthcare Alliance, dated 31 January 2012
* A letter from the VA, dated 9 October 2013 (first page only) 


CONSIDERATION OF EVIDENCE:

1.  On 29 January 2001, the applicant enlisted in the Regular Army.  He attained the rank of staff sergeant on 1 November 2006.  He subsequently was selected for promotion to sergeant first class.

2.  A DA Form 4187, dated 10 December 2011, reports that the applicant's duty status was changed from PDY to AWOL effective at 1420 hours based on his failure to return to military control for a period of 24 hours previous to 1420 hours that day.  A subsequent DA Form 4187 effective that same day at 1600 hours shows the applicant returned to duty.  Both of these forms are currently filed in his Official Military Personnel File (OMPF) as part of an 84-page separation packet.

3.  On 27 April 2012, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14 for misconduct due to a serious offense.

4.  The letter from TriWest, as provided by the applicant shows he began a medical procedure on 10 December 2011, but it does not indicate the start and ending times of this procedure.

5.  The letter from the VA, as provided by the applicant, states that the VA had determined his military service from 29 January 2001 to 27 April 2012 was honorable for VA purposes.

6.  Army Regulation 600-8-104 (Army Military Human Resource Records Management (AMHRR)) provides the following:

	a.  All personnel information recorded under the authority of this regulation is the property of the United States Government.  Once recorded, it will not be removed except as provided by law or this regulation.

	b.  Once placed in the OMPF, the document becomes a permanent part of that file.  The document will not be removed from a folder or moved to another part of the OMPF unless directed by one or more of the following:

* The Army Board for Correction of Military Records (ABCMR)
* The Department of the Army Suitability Evaluation Board (DASEB)
* Chief, Appeals and Corrections Branch, U.S. Army Human Resources Command (HRC)
* The AMHRR custodian when documents have been improperly filed
* Commander, HRC, ATTN: HRC-PDO-PO, as an approved policy change to this regulation
* Chief, Appeals Branch, National Guard Personnel Center

7.  The Manual for Courts-Martial (MCM) states the Article 86, titled Absence without Leave (AWOL), includes the following offenses of any member of the armed forces who, without authority:

* Fails to go to his appointed place of duty at the time prescribed
* Goes from his place of duty
* Absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed

8.  The MCM states that any one continuous period of an unauthorized absence totaling not more than 24 hours is counted as 1 day.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by removing two DA Forms 4187 dated on 10 December 2011 because he was not AWOL.

2.  The available evidence indicates that the applicant had been absent from his place of duty for a period of 24 hours prior to 1420 hours on 10 December 2011 and that he had returned to military control at 1600 hours on 10 December 2011.

3.  The applicant argues that the two DA Form 4187 reporting his absence discussed above should be removed from his records because his absence was not considered by the military police to be AWOL.  However, he has not provided any corroborating evidence to support this contention.  Furthermore, the MCM clearly states that his absence is an offense under the provisions of Article 86 of the UCMJ.

4.  The subject documents were a part of the applicant's separation packet.  As such they were accordingly filed in his OMPF.  There is no evidence of error or injustice as a result of this filing action.  Furthermore, there is no supporting evidence showing that the contents of either form is in error.

5.  In view of the above, the applicant's request should be denied.



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)                                         AR20140010358





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ABCMR Record of Proceedings (cont)                                         AR20140010358



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