IN THE CASE OF:
BOARD DATE: 23 April 2009
DOCKET NUMBER: AR20080019114
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 show in item 14 (Military Education) "Multiple Launch Rocket System Repairer Course."
2. The applicant states item 14 of his DD Form 214 incorrectly states, "Multiple Launch Rocket System Crewman."
3. The applicant provides:
a. his completion certificate for the 19-week Multiple Launch Rocket System Repairer Course,
b. a Certificate of Affiliation to the United States Army Ordnance Corps, and
c. a congratulatory letter for completing the Multiple Launch Rocket System Repairer Course.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army for 2 years, 10 months, and 3 days from 20 November 2001 through 22 September 2004.
3. The applicant attended and completed the Multiple Launch Rocket System Repairer Course, Class 0078-02, from 26 April 2002 through 10 September 2002. He was awarded military occupational specialty 27M (MLRS Repairer).
4. The applicants DD Form 214 shows in item 14 completion of the Multiple Launch Rocket System Crewman [Course] in September 2002.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants item 14 of his DD Form 214 to reflect the Multiple Launch Rocket System Repairer Course.
2. The applicants DD Form 214 is incorrect; it should state Multiple Launch Rocket System Repairer Course in item 14.
3. The applicants DD Form 214 should be corrected as indicated below.
BOARD VOTE:
____X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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;
a. deleting from item 14 of his DD Form 214 the entry "MULTIPLE LAUNCH ROCKET SYSTEM CREWMAN, 7 WEEKS, SEP 2002" and
b. inserting in item 14 of his DD Form 214 the entry "MULTIPLE LAUNCH ROCKET SYSTEM REPAIRER, 19 WEEKS, SEP 2002."
XXX
_________________________
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) AR20080019114
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