BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160003404 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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: 5 April 2018 DOCKET NUMBER: AR20160003404 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :x :x :x DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20160003404 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 reimbursement of monies collected by the Defense Finance and Accounting Service (DFAS) for a false charge of absence without leave (AWOL) from 29 June 2011 to 4 July 2011. 2. The applicant states she wants her pay returned. She contends that she was falsely charged with being AWOL, for the period 29 June 2011 to 4 July 2011, on a DA Form 4187 (Personnel Action). The DA Form 4187 was sent to DFAS to take her money out. At the time, the 362nd Quartermaster (QM) Battalion S-1 officer did not provide her with a copy of "the correct one" that was sent to DFAS. She was only accused of being AWOL by certain individuals of her chain of command, who were also members of the battalion staff; this included the battalion S-1 and battalion command sergeant major. The documents were illegally sent to DFAS. The general officer and his judge advocate general officer did not see a case; as such, she was never formally charged or even read her rights. 3. The applicant provides her June 2011 and July 2011 Leave and Earnings Statements (LES). 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. Having had prior service, the applicant enlisted in the U.S. Army Reserve (USAR) on 5 May 1996 and she held military occupational specialty 92Y (Unit Supply Specialist). 3. She served through multiple reenlistments in a variety of assignments. She entered active duty on 3 January 1999. She served in Afghanistan from August 2006 to November 2007. 4. She entered the Integrated Disability Evaluation System in 2015. On 10 July 2015, a physical evaluation board found her physically unfit for asthma and recommended a rating of 30 percent with permanent disability retirement. 5. She retired on 20 October 2015 and she was placed on the retired list in her retired rank/grade of staff sergeant/E-6 on 21 October 2015. 6. She provides: a. June 2011 LES: she highlighted her end of month pay. b. July 2011 LES: she also highlighted her end of month pay, which appears to be lower than the month before. The LES History Remarks block contains the entry "AWOL 29 June 2011 to 4 July 2011." 7. An email received on 1 April 2018 from the DFAS confirmed the applicant was reported AWOL from 29 June 2011 to 4 July 2011. REFERENCE: 1. Army Regulation 600-8-10 (Leave and Passes) covers leave and pass programs. It prescribes the policies, operating tasks, and steps governing military personnel absences. This regulation applies to the active Army, Army National Guard, and U.S. Army Reserve. a. Paragraph 2-3 (Leave Accrual), Soldiers on active duty earn 30 days of leave a year with pay and allowances at the rate of 2 1?2 days a month. This entitlement excludes periods of AWOL, unless excused as unavoidable. b. Paragraph 2-5 (Subtracting leave credit); Leave is subtracted for lost time, excess leave, or other non-pay status. Subtract 21?2 days leave for each full month of absence. For part month, use Table 2-1 to subtract leave. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The complete facts and circumstances surrounding the applicant's AWOL are not available nor were they provided by the applicant. The available evidence shows the applicant was reported AWOL from 29 June 2011 to 4 July 2011. When a Soldier is AWOL, he or she is in a non-pay status and does not accrue leave. 2. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. 3. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. In this case, the Board must determine if the applicant satisfied this requirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160003404 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003404 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2