MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 December 2000                  
	DOCKET NUMBER:   AR2000047305

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Richard T. Dunbar		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that the dates of time lost be removed from item 29 (Dates of Time Lost During this Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT STATES:  That he was a member of the All Army Wrestling Team in 1993 and became ill after losing 30 pounds in 25 days of training.  He states that he was feeble minded and was not functioning well.  In addition, he states that his immune system broke down which caused extreme weakness and he was bed ridden with the flu as well as dehydrated due to dieting.  The applicant contends that during his tenure with the military, his attendance was impeccable. He states that during the 70 hours that he was not in attendance, no one from the unit called or came by to check on his well being.  He contends that the 70 hours could have been deducted from his 9.5 days of accrued leave and that another measure could have been taken.  He states that, as his strength returned, he immediately signed into the unit and explained his situation to the battalion commander.  Further, he states that the battalion commander informed him that because he was not hospitalized or had records of being treated by a doctor, there was not anything he could do.  In support of his application, he submits a letter of explanation, an addendum to his application, a copy of his DD Form 214, a letter from his assistant wrestling coach and a letter from a fellow officer.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was appointed as a second lieutenant in the U.S. Army Reserve on 6 May 1989.  He was ordered to active duty on 16 May 1990 and served as an armor officer in Germany from October 1990 through May 1991.  He was promoted to first lieutenant on 11 July 1992.

The applicant’s DD Form 214 shows the entry “UNDER 10 U.S.C. 972:  930302-930304” in item 29. 

The applicant’s personnel records contain DA Forms 4187 (Personnel Action), dated 4 March 1993 and 5 March 1993, which show he was AWOL from 2 March 1993 to 4 March 1993.  

There is no indication in the applicant’s service personnel records that he received nonjudicial punishment, judicial punishment, reprimand or any other administrative punishment for the offense of AWOL.  

There are no medical records which show he was treated for an illness while he was on active duty.  There is also no sick call complaint or sick slip in the applicant’s records which verifies his illness or assignment to quarters during the period 2 March 1993 to 4 March 1993.

On 19 July 1993, the applicant was honorably released from active duty under the provisions of Army Regulation 635-100, chapter 3, for miscellaneous reasons.  He served 3 years, 2 months and 1 day of total active service with 3 days of lost time due to AWOL.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the dates of time lost during the current enlistment will be entered on the DD Form 214.  Lost time under Title 10 U.S.C., section 972 is not creditable service for pay, retirement, or veteran’s benefits; however, the Army preserves a record of time lost to explain which service between date of entry on active duty and separation date is creditable service for benefits.

Paragraph 4-1 of Army Regulation 600-8-24 (Officer Transfers and Discharges) states:  An officer is permitted to serve in the Army because of the special trust and confidence the President and the nation have placed in the officer’s patriotism, valor, fidelity and competence.  An officer is expected to display responsibility commensurate to this special trust and confidence and to act with the highest integrity at all times. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Records show that the applicant’s AWOL from 2 March 1993 to 4 March 1993 was reported by his company commander.

2.  The Board noted the applicant’s contention that he became ill after losing 30 pounds in 25 days of training.  However, there is no evidence of record and the applicant has provided no evidence which shows he notified his chain of command of his illness or reported to sick call.

3.  In view of the special trust accorded officers, the Board concluded that the applicant had an obligation to notify his supervisor of his illness, properly request authority to be absent as provided for in regulation, or to report to competent medical authority for treatment.  But, he chose not to do so.  As a result, this Board finds no basis for expunging the applicant’s record of lost time. 

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JH______  HOF____  RTD____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000047305	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19930719	
DISCHARGE AUTHORITY	AR535-100,chapter 3	
DISCHARGE REASON	Miscellaneous Reasons (by request)	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	123.0100	
2.		
3.		
4.		
5.		
6.