IN THE CASE OF: BOARD DATE: 2 June 2015 DOCKET NUMBER: AR20140015864 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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by removing her lost time and crediting her with active service for that period. 2. The applicant states that she was mistakenly charged with being absent without leave (AWOL) from 31 May to 12 June 1983; however, she was never AWOL from duty. She also states that she was authorized to reside off post by her commander and no time should have been taken away from her which has resulted in her being denied Department of Veterans Affairs (VA) benefits. 3. The applicant provides a one-page letter explaining her application, two third-party character statements, and a copy of her DD Form 214. 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 on 9 July 1981 for a period of 3 years and training as a finance specialist. She completed her basic training at Fort Jackson, South Carolina and her advanced individual training at Fort Benjamin Harrison, Indiana and was transferred to Fort Benning, Georgia for her first assignment. 3. During the period of 5 August 1982 to 20 April 1983, nonjudicial punishment was imposed by her commander against her on three occasions for failure to go to her appointed place of duty. 4. During the period of 21 June to 7 September 1982, she received three letters of reprimand from her commander for failure to go to her place of duty and disobeying a lawful general order by wearing fatigues to an off-post establishment. 5. On 3 September 1982, the applicant’s commander initiated a bar to reenlistment against her. He cited the applicant’s disciplinary record and her failure to improve her attitude or performance as the basis for his recommendation. The bar to reenlistment was approved on 4 October 1982. 6. On 1 June 1983, the applicant’s commander authenticated a DA Form 4187 (Personnel Action) reporting the applicant as being AWOL effective 31 May 1983. 7. On 8 June 1983, the applicant was apprehended by Criminal Investigation Division (CID) officials for the suspected offense of bigamy. The military police report indicates that she was married to another service member who was stationed in Germany and she filed for divorce with a civilian lawyer in February 1983 and remarried on 15 March 1983. The results of the investigation are not present in the available records. 8. On 10 June 1983, the applicant’s commander notified her that she was initiating action to discharge her from the service under the provisions of Army Regulation 635-200 (Personnel Separation – Enlisted Personnel), chapter 13 for unsatisfactory performance based on her apathy, lack of appropriate interest and inability to expend effort. The commander recommended a general, under honorable conditions discharge. 9. After consulting with counsel, the applicant waived her rights and elected not to submit a statement in her own behalf. In her waiver of rights statement, she acknowledged that she could expect to encounter substantial prejudice in civilian life if she received a general, under honorable conditions discharge. In addition, she acknowledged that she could be ineligible for many or all benefits as a veteran under both State and Federal laws. She and her appointed defense counsel signed the rights waiver statement. 10. On 15 June 1983, she accepted a fourth nonjudicial punishment under the provisions of the Uniform Code of Military Justice (UCMJ) for violation of Article 86, AWOL that commenced on 31 May 1983. 11. The appropriate authority approved the recommendation for discharge on 24 June 1983 and directed that she be furnished a General Discharge Certificate. 12. Accordingly, she was discharged under honorable conditions on 6 July 1983 under the provisions of Army Regulation 635-200, chapter 13, due to unsatisfactory performance. She had served 1 year, 11 months and 15 days of active service and had 13 days of lost time due to AWOL. 13. The applicant provided two character reference statements that state she is a member of her church and volunteers in her community helping the disadvantaged. She also worked for an elderly woman as her caretaker. Currently, she is in need of her VA benefits because she is ill and homeless. 14. Army Regulation 630-10 (Absence without Leave, Desertion, and Administration of Personnel Involved in Civilian Court Proceedings) provides, in pertinent part, that when a Soldier returns from an absence that is or appears to be unauthorized, the unit commander informally investigates the case and decides whether disciplinary action should be taken and if the Soldier should be charged with lost time. A Soldier’s absence may be classified as authorized or unauthorized. Unauthorized absences are considered AWOL, unless excused. If not excused, the unauthorized absence is treated as lost time. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that she was not AWOL and that she should be credited with 13 days of additional active duty service has been noted and appears to lack merit. 2. The applicant had a history of failing to report to her appointed place of duty and received numerous letters of reprimand and nonjudicial punishment. Her commander reported her AWOL on 31 May 1983 and then on 15 June 1983 she accepted nonjudicial punishment for the AWOL period and did not demand trial by court-martial to dispute her period of AWOL. Based on her record of unsatisfactory performance, her commander initiated administrative separation action under the provisions of chapter 13, Army Regulation 635-200 and it was approved by the separation authority. She was separated with a general, under honorable conditions discharge on 6 July 1983 prior to completing her first full term of enlistment. 3. The applicant has failed to show through the evidence submitted with her application any facts to dispute her period of AWOL for which she accepted nonjudicial punishment. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant her request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x ___ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20140015864 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140015864 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1