2.  The applicant requests that his indebtedness to the U.S. Government, due to an erroneous charge of being absent without leave (AWOL), be canceled.

3.  The applicant’s military records show that he was born on 23 August 1971.  On 27 June 1989, he enlisted in the Regular Army for 6 years.  He completed basic training and advanced individual training and was awarded military occupational specialty 63B (Light Wheeled Vehicle Mechanic).

4.  On 4 September 1992, the applicant was attached to the Intransit Detachment at Fort Rucker, AL, pending action on his request for compassionate reassignment to resolve personal problems brought about by his being awarded sole custody of his child in a divorce action.  His unit of assignment in Germany was listed in the distribution section of his attachment orders.

5. On 21 September 1992, his request was disapproved, but permission was granted for him to remain at Fort Rucker to either resolve his problem before returning to his unit in Germany or to apply for a discharge.  The applicant chose to remain at Fort Rucker pending his request for separation under the provisions of Army Regulation 635-200, Chapter 6, Sole Parent.

6.  In October 1992, his unit of assignment in Germany changed his duty status to AWOL and on 4 December 1992 to Dropped From Rolls (DFR) as a deserter.

7.  On 30 December 1992, the appropriate authority approved his request for separation.

8.  On 20 January 1993, his unit of assignment deleted the change of duty status from AWOL to DFR as an erroneous entry and noted in the Remarks section of the DA Form 4187, Personnel Action, that “…Unit was notified eventually of soldier’s attachment to Fort Rucker from 4 September to present pending Hardship Discharge.”

9.  On 4 March 1993, the applicant was relieved from active duty under the provisions of Army Regulation 635-200, Chapter 6, Sole Parent, in pay grade E-4.  His service was characterized as honorable.  He had completed 3 years, 8 months and 8 days of creditable active service and had no days of lost time.

10.  The Defense Finance and Accounting Service, based upon the erroneous AWOL entries, has carried the applicant as owing a debt to the government.  Currently the debt is approximately $895.

CONCLUSIONS:

1.  Evidence in the records shows that the applicant properly attached himself to a stateside unit in an effort to resolve his personal problems either with a compassionate reassignment or with a separation from the service.  His attachment orders were properly published in a timely manner and a copy should have been sent to his unit of assignment in Germany.

2.  Through no fault of his own, his unit of assignment apparently never received these orders, assumed the applicant was AWOL and prepared the appropriate documentation to show his duty status as such.

3.  Through no fault of his own, the appropriate finance and accounting office apparently did not receive the corrected DA Form 4187 to show that his AWOL entries were erroneous.

4.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that:

    a.  the individual concerned was never AWOL; 

    b.  the debt charged against him for this erroneous AWOL be canceled; and

    c.  any monies collected from him to date for this erroneous AWOL be refunded to him, as appropriate.

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                                    
						    CHAIRPERSON