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ARMY | BCMR | CY2013 | 20130002993
Original file (20130002993.txt) Auto-classification: Approved

		

		BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130002993 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in item 11 the correct amount of time he served as a CH47 Helicopter Repairer. 

2.  The applicant states that he served as CH47 Helicopter Repairer for about     6 years; however, his DD Form 214 shows only 2 years and 8 months. 

3.  The applicant provides copies of his DD Form 214 WS (Worksheet) and his Enlisted Record Brief (ERB).

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 21 January 2003 for a period of 6 years, training as a CH47 (Chinook) Helicopter Repairer and a cash enlistment bonus.  He completed 8 weeks of basic training at Fort Jackson, South Carolina and 16 weeks of advanced individual training (AIT) in military occupational specialty (MOS) 15U (CH47 Helicopter Repairer) at Fort Eustis, Virginia.

3.  On 9 July 2009 he was honorably released from active duty (REFRAD).  He had served 6 years, 5 months, and 19 days of active service.  

4.  His DD Form 214 issued at the time of his REFRAD shows in item 11 that he served as a CH47 Helicopter Repairer for 2 years and 8 months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 incorrectly reflects that he served as a CH47 Helicopter Repairer for 2 years and 8 months has been noted and found to have merit.

2.  The applicant spent 8 weeks in basic training and 16 weeks of AIT before being awarded MOS 15U.  He served in that MOS for 5 years and 11 months before being REFRAD.

3.  Accordingly, his DD Form 214 should be corrected to show in item 11 that he served as a CH47 Helicopter Repairer for 5 years and 11 months instead of        2 years and 8 months, as currently reflected. 

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:

* Deleting the entry “2 YRS 8 MOS” from item 11 of his DD Form 214
* Entering the entry “ 5 YRS 11 MOS” in item 11 of his DD Form 214



      __________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)                                         AR20130002993





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ABCMR Record of Proceedings (cont)                                         AR20130002993



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