IN THE CASE OF:	 

		BOARD DATE:	2 October 2014

		DOCKET NUMBER:  AR20140002973 


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 a DA Form 4187 (Personnel Action) from his records.

2.  The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) at block 29 (Time Lost) indicates he had no time lost.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 21 November 2005 through 3 July 2012, attaining the rank and grade of staff sergeant, E-6.

2.  The applicant's record contains two DA Forms 4187.  

   a.  The first, dated 20 June 2006, reports a change in status from present for duty to absent without leave (AWOL) effective 1700 hours 21 June 2006.  In the remarks section it states the applicant being last seen at 1700 hours on 20 June 2006.  
    
   b.  The second form, dated 25 July 2006, shows a change in status from AWOL to present for duty effective 0630 hours, 24 July 2006.  
    
   c.  Both forms show the same reporting official in the typed portion but the signatures are significantly different as are the handwritten dates.

3.  The available record contains no additional documentation related to any AWOL period or any actions resulting from the report AWOL period.
4.  The applicant was honorably released from active duty and transferred to the U.S. Army Reserve on 3 July 2012.  He is shown to have had 6 years, 7 months, and 13 days of creditable service.  Block 29 (Dates of Time Lost) of the DD Form 214 states "NONE." 

5.  A review of the applicant's pay records found no record of any lost time or any lost or reduced pay during the period in question.

DISCUSSION AND CONCLUSIONS:

1.  Based on the two DA Forms 4187, the applicant would have had a 33-day period of AWOL.  If this were a valid period of AWOL some type of additional action should have been undertaken.  

2.  Combining the lack of any record or indication of any disciplinary or counseling action, no record of lost or reduced pay, the negative entry on the   DD Form 214 of lost time, and the questionable signatures on the forms, the preponderance of evidence does not support a finding that these are valid entries.  Therefore, it is appropriate to remove both forms from the record.

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 deleting the two DA Forms 4187, dated 20 June 2006 and 25 July 2006, from the applicant's records.



      ____________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)                                         AR20140002973





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ABCMR Record of Proceedings (cont)                                         AR20140002973



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