IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20140021664
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 lost time annotated on his records as being absent without leave (AWOL) be removed.
2. The applicant states, in effect, he was cleared by the Red Cross to go home to take care of his mother, who was very ill and had been hospitalized; however, his commanding officer refused to let him go on leave. Therefore, he left without permission to take of his mother. He was AWOL no more than 10 days.
3. The applicant provides no additional evidence in support of his request.
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 enlisted in the Regular Army on 5 April 1966 and held military occupational specialty 67U (CH-47 Helicopter Mechanic). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
3. On 26 June 1968, he accepted nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), for being AWOL from on or about 22 to 26 June 1968.
4. On 23 July 1968, he accepted NJP, under the provisions of Article 15 of the UCMJ for being AWOL from on or about 14 to 16 July 1968 and for breaking restriction by leaving the limits of the company area.
5. Special Court-Martial Order Number 2823, issued by Headquarters, Special Processing Battalion, Fort Riley, Kansas, on 16 October 1968, shows he was convicted of being AWOL from on or about 3 August to 6 September 1968.
6. His DA Form 20 (Enlisted Qualification Record) shows he was in confinement from 9 September to 11 October 1968.
7. On 16 May 1969, he accepted NJP, under the provisions of Article 15 of the UCMJ, for failing to go to his appointed place of duty at the prescribed time.
8. On 27 May 1969, he accepted NJP, under the provisions of Article 15 of the UCMJ, for failing to report to duty at the prescribed time.
9. His records do not contain a Red Cross message, or any other documentation that shows he requested leave to take care of a sick family member.
10. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 18 June 1966, after completing 3 years of net active service with 75 days of lost time due to being AWOL and in confinement.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his records by removing the lost time due to being AWOL was carefully considered.
2. His record does not contain and he has not provided any evidence to support his contention that he went AWOL to take care of his sick mother, after a Red Cross message cleared him to leave and his commanding officer refused to allow him to leave.
3. His records document numerous periods of AWOL for which he received two NJPs, and a special court-martial conviction.
4. Based on the foregoing, there is insufficient evidence to justify 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) AR20140021664
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ABCMR Record of Proceedings (cont) AR20140021664
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