DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RB 2 August 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20160001415 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 27 June 2017, in which the Board members unanimously recommended relief of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is not sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I have determined that the facts do not support a removal of the current entry in item 29 (Dates of Time Lost During This Period) of his DD Form 214. BY ORDER OF THE SECRETARY OF THE ARMY: tdu.... Encl Deputy Assistant Secretary of the Ar (Review Boards) BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20160001415 BOARD VOTE: ___x______ __x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20160001415 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 current entry in item 29 (Dates of Time Lost During This Period) of his DD Form 214 and replacing it with the entry "None." ___________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. BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20160001415 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to remove 61 days of time lost under the provisions of Title 10, U.S. Code, section 972, from 15 June 2013 to 14 August 2013. 2. The applicant states his request is based on his desire to reenter service in either the Regular Army or the Army National Guard. He expounds on his military service from the time he enlisted in the Regular Army, graduated from basic training, and subsequently completed airborne training. After graduating from airborne training, he had orders assigning him to Fort Lee, VA, but he did not report as ordered and was absent without leave (AWOL). He was AWOL to take care of his grandfather who underwent double knee replacement surgery. He regrets the decision he made and states he would like nothing more than to rejoin the Army and make up for his mistake. 3. He provides: * DD Form 214 with DD Form 215 (Correction to DD Form 214) * self-authored statement * memorandum, subject: Recommended Chapter 11 Discharge for (Applicant), dated 11 September 2013 * three supporting statements 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 for 3 years and 22 weeks on 25 February 2013. 3. On 15 June 2013, he was reported as AWOL. On 15 August 2013, he was apprehended by civilian authorities in Glouster, OH, and returned to military control at Southeastern Ohio Regional Jail, Nelsonville, OH. 4. On 22 August 2013, the applicant's unit commander notified him that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11, for entry-level status performance and conduct. The unit commander stated that due to the applicant's failure to adapt to the military environment and inability to complete his advanced individual training (AIT), he was recommending his separation from the military. 5. The applicant acknowledged notification of his proposed separation. He consulted with legal counsel and he submitted statements in his own behalf. He stated he would like the opportunity to possibly stay in the Army or reenlist at a later date. He admitted that it was very wrong and unprofessional of him to be AWOL. It was a weak point in his Army career and he formally apologized. If there were anything he could do to make up for this mistake, he would do it as long as it did not keep him from ever being able to serve again. 6. On 11 September 2013, the Commander, Personnel Control Facility, Fort Knox, KY, recommended the applicant's discharge under the provisions of Army Regulation 635-200, chapter 11, for entry-level performance and conduct. She stated that after meeting with the applicant upon his voluntary return to military control, she believed he had rehabilitative potential. She added that although separation was warranted at this time, he should have the opportunity to apply for reenlistment at a later date due to his entry-level status. She recommended his separation under the provisions of Army Regulation 635-200, chapter 11. 7. On 23 September 2013, the Commander, Headquarters, U.S. Army Garrison Command, Fort Knox, KY, approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 11, and directed an entry-level separation. 8. His DD Form 214 shows he was discharged on 1 October 2013 under the provisions of Army Regulation 635-200, chapter 11, by reason of entry-level performance and conduct. He completed 5 months and 7 days of active service during this period. Item 29 (Dates of Time Lost During This Period) contains the entry "Under 10 USC 972 [Title 10, U.S. Code, section 972]: 20130615-20130814 [15 June 2013-14 August 2013]." His service was uncharacterized. 9. The applicant provided three supporting statements recommending his reinstatement in the Army/Army National Guard. The authors opine the applicant has the qualities of a good Soldier and would be a great asset to any unit to which he is assigned. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The regulation stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Accordingly, local procedure will be established to insure the entries on the forms are verified through source documents for completeness and accuracy. The regulation required the preparer to enter dates of time lost during the period covered by the DD Form 214 in item 29. DISCUSSION: 1. The applicant requests removal of the lost time listed on his DD Form 214 so he may be allowed to reenter military service. 2. The evidence of record substantiates the applicant's period of AWOL from 15 June 2013 to 14 August 2013. There is no evidence and he did not provide evidence showing his lost time, as recorded on his DD Form 214, is inaccurate or incorrect. By his own admission, he was AWOL after graduating from airborne training to take care of his grandfather. In view of the evidence of record, the information entered on his DD Form 214 is correct as constituted. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001415 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001415 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2