ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 May 2019 DOCKET NUMBER: AR20170013259 APPLICANT REQUESTS: In effect, reconsideration of his earlier request to remove absent without leave (AWOL) from discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Detailed Self-authored statement (undated) * Letter to deserters point 1977 (Exhibit A) * Letter from U.S. Army Enlisted Records and Evaluation Center (Exhibit B) * DA Form 751 (Telephone or verbal conversation record) (Exhibit C) * DD Form 149 (Application for Correction of Military Record) (Exhibit D) * Denial memorandum and letter from Army Board for Correction of Military Records (ABCMR) (Exhibit E) * Memorandum of consideration (board date 14 January 1998) * Memorandum from Defense Finance and Accounting Service (DFAS) * DA Form 31 (Request and Authority for Leave) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC96-08015 on 14 January 1998. 2. The applicant states he received new information. His personnel records were lost between his training at Fort Polk and Fort Know. His unit was unable to PCS (permanent change of station) him to his first duty station. He details events from his time in service, of alleged AWOL until he was discharged and denied by the ABCMR in 1998. 3. The applicant provides: a. A detailed self-authored statement detailing events from his time in service, of alleged AWOL until he was discharged and denied by the ABCMR in 1998. a. b. A letter to deserters point detailing a timeline that took him out to leave from training. He also mentioned he would receive orders within 30 days which he never did. He asks what information was available to him and his status. c. A letter, dated 4 September 1981, from U.S. Army Enlisted Records and Evaluation Center, Fort Benjamin Harrison, IN. It states he had not been discharged from the Army. There is no record of him reporting to his unit of assignment as ordered. He should report immediately to the nearest military installation within his area of residence and have the military authorities contact Ms. X___, at Fort Benjamin Harrison, IN. d. On 22 September 1981, a telephone or verbal conversation record between Master Sergeant X___and Ms. X___ consisted of the following: * Question (Q): Is service member (SM) AWOL? * Answer (A): SM was never reported AWOL * Q: What action should be taken? * A: SM should be processed expeditiously for discharge under provisions (UP) of Chapter 14, Army Regulation (AR) 635-200 (Personnel Separations- Enlisted Personnel) and given an honorable discharge * Q: Are his military personnel records available * A: Yes, will forward today e. Initial DD Form 149, dated 9 April 1996. f. Denial memorandum from ABCMR, dated 23 January 1998. g. Record of consideration with a board dated of 14 January 1998. h. Denial letter from ABCMR dated 23 January 1998. i. Memorandum from DFAS, dated 16 November 2016 stating neither DFAS nor the Federal Records Center was able to locate any pay records for the period in question. j. Request and authority for leave, dated 30 September 1981 for a period from 30 September 1981 until an indefinite time. 4. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army on 20 August 1968. b. On 10 December 1968, Fort Polk issued Special Order Number 312 which instructed applicant to proceed on a 3 week temporary duty (TDY) assignment to Fort Knox, KY, for training as an Army personnel carrier (M-113) driver; in addition, the order a. contained information which advised the applicant of his follow on assignment to the overseas replacement station in Oakland, CA and his ultimate assignment to the United States Army Republic of Vietnam Transient Detachment c. On 23 January 1969, upon completion of TDY, Fort Knox issued Special Order Number 23 which amended the applicant’s original movement order. This amendment provided specific reporting information which authorized the applicant to take 19 days of leave upon completion of his TDY and directed him to report to Oakland, for further assignment to Vietnam, not later than 17 February 1969. d. There are no records to show the applicant showed to the Overseas Replacement Detachment in Oakland, CA on 17 February 1969. The record is void of any information supporting the applicant’s claim that he was sent home pending orders or any indication of him attempting to clarify his status prior to his return in military control in September 1981. e. On 17 September 1981 the applicant returned to military control. A DA Form 4187 (Personnel Action) was prepared bringing the applicant from dropped from the rolls to present for duty. f. On 30 September 1981, the applicant’s unit commander, at the Personnel Control Facility, Fort Ord, CA, notified the applicant that he was being considered for elimination from the service for misconduct (AWOL), UP of paragraph 14-23b, AR 635-200, and advised him of his rights. g. He consulted with counsel and acknowledged the following: * Been advised of the basis for the contemplated action to separate him for misconduct (AWOL) under the provisions of AR 635-200, Chapter 14, and its effect; of the rights available to him; and the effect of any action taken by him in waiving his rights * He waived consideration of his case by a board of officers * He waived personal appearance before a board of officers * Statement on his behalf was not submitted * He waived representation by counsel for representation * Understood that his willful failure to appear before the board of officers by absenting himself without leave will constitute a waiver of his rights to personal appearance before the board * Understood that he may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions is issued to him * Understood that he may, up until the date the discharge authority orders, directs, or approves his discharge, withdraw this waiver and request that a board of officers hear his case * * Understood that he will be ineligible to apply for enlistment in the United States Army for a period of two years after discharge h. On 24 February 1982, the applicant’s unit commander initiated separation action for misconduct of being AWOL between 17 February 1969 to 17 September 1981. The two intermediate commanders concurred with the action, the first on 24 February 1982 and the second on 31 March 1982. i. On 7 April 1982, the separation authority approved the separation action UP paragraph 14-23, AR 635-200, and directed the applicant be issued a general discharge under honorable conditions and that misconduct-AWOL be cited as the reason for separation. He also directed the applicant be reduced to the lowest enlisted grade. j. On 12 July 1982, the applicant was discharged accordingly. He completed 1 year, 3 months, and 18 days of active service. His awards included rifle M14 (marksman), Army Service Ribbon, and the rifle M16 (marksman). k. The applicant’s record is void of any Army Discharge Review Board record. l. The ABCMR considered the his application under procedures established by the Secretary of the Army and denied his request on 23 January 1998. 5. By regulation, chapter 14 establishes policy and prescribes procedures for the elimination of enlisted personnel for misconduct by reason of fraudulent enlistment/reenlistment, conviction by civil court (members who have been initially convicted or adjudged juvenile offenders), desertion and absence without leave, and other acts or patterns of misconduct. 6. In reaching its determination, the Board can consider the applicant's petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon a lack of corroborating evidence to support the applicant’s statement, the Board found insufficient evidence to show that the applicant was not AWOL, which resulted in the administrative discharge. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 5/10/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. (Optional as applicable.) Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-5 (Personnel Separations – Separation Documents) in effect at the time, prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty). Table 2-1 states in block 28 enter the reason for separation (shown in AR 635-5-1) based on the regulatory or statutory authority. 3. AR 635-5-1(Personnel Separations – Separation Program Designators) in effect at the time lists the specific authorities (regulatory, statutory, or other directives) and reasons for separation of members from active military service. Appendix shows the SPD code JKD is associated with Misconduct–AWOL (absent without leave). 4. Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel) in effect at the time, sets forth the basic authority for separation of enlisted personnel.