IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20160007799 BOARD VOTE: ___x____ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20160007799 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 removing from: * the performance folder of his OMPF the DD Form 458, DD Form 553, DD Form 616, USADIP Form 225, and USADIP Form 85 that are filed under the title "Documents Relating to AWOL and DFR Status of a Member" * the service folder of his OMPF the DD Form 553 and DD Form 616 _____________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. IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20160007799 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 the removal of the DD Form 616 (Report of Return of Absentee), dated 19 May 2004, from his official military personnel file (OMPF). 2. The applicant states: a. He was not assigned to the unit named on the DD Form 616. The listed date of return to military control and the date signed do not match the supporting documents. He has highlighted all dates and placed the supporting documents in order by events as follows: * the DD Form 616 has him listed as absent without leave (AWOL) from 8 December 2001 to 30 December 2003 * Orders 291-053 shows he was honorably discharged on 8 January 2002 * DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows he enlisted in the Georgia Army National Guard (GAARNG) on 16 December 2002 * DA Form 4187 (Personnel Action) shows he was promoted to specialist (SPC) on 12 August 2003 b. He does not understand how he could reenlist and get promoted with no law enforcement record of AWOL if he had been AWOL at the times specified. He noticed the error when he was viewing his board file for sergeant first class (SFC). He would like the DD Form 616 removed due to no supporting evidence as he has the National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that states he was honorably discharged with no mention of AWOL. He feels the DD Form 616 will hinder his promotion and possibly cause him to be removed from the service. c. He was in the GAARNG in 2001 and after he reenlisted he was picked up by the local law enforcement for being a deserter. His recruiter at the time explained to the arresting officers that he was not AWOL and a code had been mistyped in the system. Instead of showing that he had reenlisted, it marked him as AWOL. That explained why he was going to drill every month but was not getting paid. He later found out while in annual training that he was discharged and given the opportunity to reenlist or wait 6 months and go on active duty. In 2004, he went on active duty and was not aware this was in his OMPF. 3. The applicant provides: * DD Form 458 (Charge Sheet), dated 15 January 2002 * a page titled Deserter Processing Checklist, dated 18 June 2002 * Orders 291-053, dated 18 October 2002 * two DD Forms 4, dated 16 December 2002 and 6 February 2004 * NGB Form 590 (Statement of Understanding of Reserve Obligation and Responsibilities), dated 16 December 2002 * DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 16 December 2002 * NGB Form 60 (Request for Clearance from U.S. Army Reserve (USAR) for Enlistment/Appointment in ARNG), dated 16 December 2002 * DA Form 4187, dated 31 July 2003 * NGB 22, for the period ending 15 December 2003 * Orders 008-011, dated 8 January 2004 * DD Form 616, dated 19 May 2004 * U.S. Army Deserter Information Point (USADIP) Form 225 (Telephone/Verbal Conversation Record), dated 19 May 2004 * USADIP Form 85 (Return to Military Control), dated 20 May 2004 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the South Carolina ARNG (SCARNG) on 12 February 2000. His DD Form 1966, dated 12 February 2000, shows he was enlisting under the split training option, training in military occupational specialty (MOS) 13B (Cannon Crewmember), a $5,000 cash bonus, and the GI Bill Kicker. 2. Orders 029-09, dated 14 February 2000, issued by the Fort Jackson Military Entrance Processing Station (MEPS), Fort Jackson, SC, ordered him to initial active duty for training (IADT) with the consent of the Governor of SC. These orders show he was to report to the 95th Adjutant General (AG) Battalion (BN) (Reception), Fort Sill, OK, on 2 June 2000, for 10 weeks of basic training (BT) and then he was to return to his home. 3. Orders 175-00455, dated 23 June 2000, issued by the 95th Adjutant General (AG) BN, Fort Sill, OK, awarded him MOS 13B effective 4 August 2000 or upon completion of AIT. 4. A DD Form 220 (Active Duty Report), dated 14 July 2000, shows he entered active duty on 1 June 2000 and departed his duty station at Fort Sill, OK, to home on 4 August 2000. He was subsequently assigned to Battery B, 4th BN, 178th Field Artillery (FA) Regiment, Lake City, SC. 5. Orders 53-1, dated 19 March 2001, issued by the Office of the AG, SCARNG, transferred him from Battery B, 4th BN, 178th FA, to Company B, 1st BN, 121st Infantry Regiment, GAARNG, Thomaston, GA, for the purpose of an Interstate Transfer effective 11 March 2001. 6. His record contains a certificate, dated 27 June 2001, wherein it shows he was awarded the Army Achievement Medal on that date for meritorious achievement while serving as a member of Company B, 1st BN, 121st Infantry, 48th Infantry Brigade (BDE), GAARNG. 7. His record contains: a. A DA Form 4187, dated 10 December 2001, from the Commander, C Company (CO), 2nd BN, 19th Infantry Regiment, Fort Benning, GA, through the 2nd BN, 19th Infantry, to the Commander, U.S. Army Infantry Center (USAIC), Attention: Trainee Military Personnel Office (MILPO), Fort Benning, wherein the applicant's duty status was changed from present for duty to AWOL effective 1200 hours, 8 December 2001 (emphasis added). This form shows the applicant's MOS as 11B (Infantryman). b. A DA Form 4187, dated 10 January 2002, from the Commander, C CO, 2nd BN, 19th Infantry Regiment, Fort Benning, through and to the same addresses as the DA Form 4187 mentioned above, wherein the applicant's duty status was changed from AWOL to dropped from the rolls (DFR) effective 1200 hours, 7 January 2002. 8. A review of the 2nd BN, 19th Infantry's mission statement shows the mission was to "transform civilians into disciplined Infantryman that possess the Army Values, fundamental Soldier skills, physical fitness, character, confidence, commitment, and the Warrior Ethos to become adaptive and flexible Infantrymen ready to accomplish the mission of the Infantry." 9. He was honorably discharged from the GAARNG on 8 January 2002 by reason of failure to report to active duty and he was assigned to the U.S. Army Reserve (USAR) Control Group. The NGB Form 22 he was issued for this period of service shows he served on active duty from 10 November 2001 to 7 December 2001. 10. On 14 January 2002, the Commander, C CO, 2nd BN, 19th Infantry, Fort Benning, completed: a. A DD Form 458 (Charge Sheet) that showed (upon the applicant's return) he could be charged with one specification of being AWOL from 8 December 2001 to (a date to be determined). b. A DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), wherein it stated the applicant went AWOL on 8 December 2001 and was DFR as a deserter on 7 January 2002. The commander entered an "X" in the NO block of item 12 (Discharge Status) of this form to indicate the applicant had not been discharged from the ARNG. 11. He enlisted in the GAARNG on 16 December 2002. He was honorably discharged from the GAARNG on 15 December 2003. The NGB Form 22 he was issued for this period of service does not show that he had any prior Reserve service. 12. He provides and his records contain: a. A DD Form 616, dated 19 May 2004, wherein it shows he surrendered to military authorities on 30 December 2003 at Griffin, GA, and was returned to military control on 30 December 2003 at the Griffin Recruiting Station, GA. The form was signed by the Shift Supervisor, USADIP, Fort Knox, KY, on 19 May 2004. b. A USADIP Form 225, dated 19 May 2004, wherein is shows a SFC B from the Griffin Recruiting Station called the USADIP to inform them the applicant had surrendered to military control on 30 December 2003 at the Griffin Recruiting Station. c. A USADIP Form 85, dated 20 May 2004, from the USADIP to the Secretary of State Elections, Atlanta, GA, wherein the form was forwarded to his OMPF. The block marked "Dental Records" was checked and it showed the applicant was AWOL from C CO, 2nd BN, 19 Infantry, Fort Benning, on 8 December 2001 and returned to military control on 30 December 2003. 13. The DD Form 458, DD Form 553, DD Form 616, USADIP Form 225, and USADIP Form 85 are all filed in the performance folder of the applicant's OMPF under the title "Documents Relating to AWOL and DFR Status of a Member." In addition, the DD Form 553 and DD Form 616 are filed in the service folder of his OMPF. 14. The applicant enlisted in the Regular Army on 6 February 2004. He served continuously on active duty through several reenlistments and/or extensions and is currently serving on active duty in the rank/grade of staff sergeant (SSG)/E-6. REFERENCES: 1. Army Regulation 600-8-104 (Army Military Human Resource Record Management) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF. Chapter 2 provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF. Table B-1 (Authorized documents), updated on 30 March 2016 shows DFR packets, to include the DD Form 458, DD Form 533, and DD Form 616 will be allied and filed in the Soldier's OMPF. 2. Title 10, U.S. Code (USC), section 1552, states the Secretary of a military department may correct any military record of the Secretary's department when the Secretary considers it necessary to correct an error, or remove an injustice. DISCUSSION: 1. The evidence of record confirms the applicant was serving on active duty in December 2001 and was assigned to C CO, 2nd BN, 19th Infantry, Fort Benning, presumably for training in an Infantry MOS and was reported as AWOL on 8 December 2001 and DFR as a deserter on 7 January 2002. There was no error or injustice when he was reported as AWOL and subsequently dropped from the rolls. 2. However, he was honorably discharged from the GAARNG on 8 January 2002. It is apparent this information was not relayed to the 2nd BN, 19th Infantry, Fort Benning as on 14 January 2002, the Commander, C CO, 2nd BN, 19th Infantry, completed a DD Form 458 to show the applicant was AWOL and submitted a DD Form 553 that showed he was a deserter, wanted by the Armed Forces as an absentee, and had not been discharged from the ARNG. 3. As a result, on 30 December 2003 he was apprehended and a DD Form 616 was completed on 19 May 2004 to terminate apprehension efforts and show he had been returned to military control. Additionally, this information was documented on the USADIP Form 225 and USADIP Form 85 on 19 May 2004 and 20 May 2004, respectively. 4. It is obvious an error occurred when the DD Form 458, DD Form 553, DD Form 616, USADIP Form 225, and USADIP Form 85 were completed and these forms should not have been filed in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007799 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007799 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2