IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150009132
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 removal of all documents pertaining to an erroneous dropped from the rolls (DFR) status from her official military personnel file (OMPF).
2. The applicant states her unit at advanced individual training (AIT),
D Company, 1/222 Aviation Regiment, Fort Eustis, VA, failed to notify her gaining unit, the Replacement Company, 101st Soldier Support Battalion (SSB) at Fort Campbell KY of the requirement to extend her assignment for training in 2002. This caused her gaining unit to report her as DFR.
3. The applicant provides:
* A transmittal, dated 22 April 2002, forwarding a DFR packet to Commander, U.S. Army Personnel Control Facility, Fort Knox, KY
* four DA Forms 4187 (Personnel Action)
* DD Form 553 (Deserter/Absentee Wanted by the Armed Forces)
* DD Form 458 (Charge Sheet)
* a memorandum, undated, to Commander, U.S. Army Deserter Information Point (USADIP), Fort Knox, KY from Replacement Company, 101st SSB
* DD Form 616 (Report of Return of Absentee)
CONSIDERATION OF EVIDENCE:
1. On 1 August 2001, she enlisted in the Regular Army in pay grade E-2. She completed basic combat and advanced individual training. She immediately reenlisted on 20 August 2007 and on 23 January 2014. On 1 March 2012, she was promoted to staff sergeant (SSG)/pay grade E-6.
2. Her OMPF contains the following documents showing she was erroneously declared absent without leave (AWOL) and DFR.
a. The following DA Forms 4187 were submitted by the Commander, Replacement Company, SSB to the Commander, 101st SSB:
* 22 May 2002 - changing her status from "assign not join” (ASNJ) to "AWOL" effective 22 April 2002
* 22 May 2002 - changing her status from "AWOL" to "DFR" effective
22 May 2002
* 26 July 2002 - changing DA Form 4187, dated 22 May 2002, to read
"DELETE ERRONEOUS ENTRY" instead of "ASNJ" to "AWOL"
* 26 July 2002 - changing DA Form 4187, dated 22 May 2002, to read "DELETE ERRONEOUS ENTRY" instead of "AWOL" to "DFR"
b. A DD Form 458 (Charge Sheet), dated 22 May 2002, charging her with being AWOL from on or about 22 April 2002 with intent to remain away permanently and did remain absent until (left blank).
c. A DD Form 553, dated 22 May 2002, showing her date of absence as
22 April 2002 and the administrative date of desertion as 22 May 2002.
d. A DD Form 616 (Report of Return of Absentee), dated 1 August 2002, with "ERRONEOUS DFR" stamped on the top, middle, and bottom of the form.
e. A memorandum, undated, to Commander, USADIP, Fort Knox, KY from Replacement Company, 101st SSB.
f. A transmittal, dated 22 April 2002, forwarding a DFR packet to Commander, U.S. Army Personnel Control Facility, Fort Knox, KY.
3. Army Regulation 600-8-104 (Army Military Human Resource Records Management) states only documents pertaining to a Soldier's military career will be filed in the OMPF. The regulation provides the Army Board for Correction of Military Records (ABCMR) the authority to direct removal of documents from a Soldier's OMPF.
DISCUSSION AND CONCLUSIONS:
1. She was declared AWOL and then DFR due to an administrative error in 2002, more than 13 years ago. The documents declaring her AWOL and DFR were created and corrected by the Army officials through no fault of the applicant. She has since reenlisted twice and has been promoted to SSG.
2. The documents pertaining to this administrative error hold no historical value in documenting the applicant's military career. As such and in the interest of justice it would be appropriate to remove all the records pertaining to this unfortunate error from her OMPF.
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 the following documents from her OMPF:
* DA Form 4187, dated 22 May 2002 changing her status from "ASNJ" to "AWOL" effective 22 April 2002
* DA Form 4187, dated 22 May 2002 changing her status from "AWOL" to "DFR"
* DA Form 4187, dated 26 July 2002 changing DA Form 4187, dated
22 May 2002, to read "DELETE ERRONEOUS ENTRY" instead of "ASNJ to "AWOL"
* DA Form 4187, dated 26 July 2002, changing DA Form 4187, dated
22 May 2002 to read "DELETE ERRONEOUS ENTRY" instead of "AWOL" to "DFR"
* DD Form 458, dated 22 May 2002
* DD Form 553, dated 22 May 2002
* DD Form 616, dated 1 August 2002
* an undated memorandum to Commander, U.S. Army Deserter Information Point (USADIP), Fort Knox, KY from Replacement Company, 101st SSB
* a transmittal, dated 22 April 2002, forwarding a DFR packet to Commander, U.S. Army Personnel Control Facility, Fort Knox, KY.
_______ _ 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) AR20150009132
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150009132
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110016692
The applicant requests removal of all documents from his Official Military Personnel File (OMPF) relating to an erroneous period of service reported as absent without leave (AWOL)/dropped from the rolls (DFR). Table 2-1 shows for: * DD Form 553 - file in the performance section; file allied documents in the restricted section; refer to filing instructions for the DA Form 4187 * DD Form 616 - file in the performance section; file allied documents in the restricted section; refer to filing...
ARMY | BCMR | CY2013 | 20130005422
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...
ARMY | BCMR | CY2010 | 20100012820
Application for correction of military records (with supporting documents provided, if any). The applicant states he provided the following documents in support of his application: * DA Form 4187 dated 4 March 2002 (not provided) * DA Form 4187 dated 28 March 2002 (not provided) * DD Form 553 dated 30 April 2002 * DD Form 616 dated 17 March 2003 * DA Form 4187 dated 18 March 2003 CONSIDERATION OF EVIDENCE: 1. In this case, the documents in question documenting time lost on the part of the...
ARMY | DRB | CY2005 | 20050017494
The applicant provides the following documents in support of his application: Self-Authored Statement; DD Form 616 and related documents; Personnel Action (DA Forms 4187) AWOL and DFR; CONSIDERATION OF EVIDENCE: 1. The applicant’s request that the DD Form 616 and all allied documents on file in his OMPF be removed, and that his corrected record be presented to a STAB for promotion reconsideration was carefully considered. The DD Form 616 and allied documents in question make clear the...
ARMY | BCMR | CY2009 | 20090003579
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that all correspondence in his Official Military Personnel File (OMPF) showing that he was absent without leave (AWOL) and dropped from the rolls (DFR) of the Army in 2002 be expunged from his military records. However, the 9-page entry related to the AWOL and DFR status of the applicant, dated 10 January 2002, in iPERMS clearly shows that the applicant's DFR...
ARMY | BCMR | CY2009 | 20090009895
Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, submit a request for discharge for the good of the service in lieu of trial by court-martial. Table 2-1 (Composition of the OMPF) of this Army regulation states that the DD Forms 553 and 616 are filed on the performance section of the OMPF and that the DA Form 4187 that shows time lost to be made good to...
ARMY | BCMR | CY2015 | 20150005660
The applicant requests: * the removal of all documents related to his absence without leave (AWOL) from his official military personnel file (OMPF) * the Board reverse the decision of the Department of the Army Suitability Evaluation Board (DASEB) to transfer such documents to the restricted folder of his OMPF, retroactive vice not retroactive * a personal hearing 2. Because they are correctly filed, there is no need to transfer those documents to another folder. _______ _ _x______...
ARMY | BCMR | CY2012 | 20120020498
The applicant provides: * information paper and Official Statement of Service issued by HRC-St. Louis, dated 29 October 2008 * letter to his Member of Congress from HRC-Indianapolis (formerly the U.S. Army Enlisted Records and Evaluation Center), dated 21 May 2009 * letter from the Department of Veterans Affairs (VA), dated 26 April 2010 * newspaper/magazine article from "The Old Ironsides Report," dated 5 November 2003 * Army Reserve Personnel Center (ARPC) Form 249-E (Chronological...
ARMY | BCMR | CY2012 | 20120015127
Application for correction of military records (with supporting documents provided, if any). Normally, such appeals will be considered only from Soldiers in grades E-6 and above, officers, and warrant officers. The evidence of record shows the DD Forms 458, 533, 616, and allied documents are properly filed on the performance fiche of the applicant's AMHRR in accordance with applicable regulations.
ARMY | DRB | CY2013 | AR20130013718
The applicant requests to upgrade the characterization of his service from under other than honorable to fully honorable. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 27 June 2007 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, AR 635-200 Chapter 10, KFS, RE-4 e. Unit of assignment: Co B, 1st Bn, 46th IN, Fort Knox, KY f. Current Enlistment Date/Term: 5 October 2006, 3 years, 18 weeks g. Current Enlistment Service: 0 years, 5 months, 9...