RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          4 August 2005
      DOCKET NUMBER:  AR20040011228


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show he is a
retired Brigadier General and that his DD Form 214 (Certificate of Release
or Discharge from Active Duty) for the period ending 31 July 1998 be
amended to show his branch as "PR" and to show his home of record as San
Antonio, TX.

2.  The applicant states he was a Colonel and a Professor, U. S. Military
Academy (PUSMA) when he retired in 1998.  His retirement orders were
amended to reflect he retired as an honorary Brigadier General; however,
that was incorrect.  He should have been retired as a Brigadier General.
The erroneous use of "honorary" has wreaked havoc on his records.  His
Defense Finance and Accounting Service (DFAS) statements have his title as
"GEN," which is incorrect.  St. Louis shows him as "COL – EN" (he has not
been an Engineer officer since 1991).  He cannot access the RAGOR (Retired
Army General Officer Roster) list because Army Knowledge Online shows him
as a retired O-6 with a branch of Engineer.

3.  The applicant provides his oath as a PUSMA; his PUSMA appointment
orders; his DD Form 214 for the period ending 31 July 1998; his PUSMA duty
appointment orders; a 3 March 2004 letter from the Office of the Deputy
Chief of Staff G-1 to the Superintendent, USMA; an Officer Record Brief
(ORB); his retirement orders; and an amendment to his retirement orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on    31 July 1998.  The application submitted in this case is dated 10
December 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  After having had prior enlisted service, the applicant was commissioned
out of West Point and entered active duty on 3 June 1964 as an Engineer
Branch
officer.  He had an initial tour on the staff and faculty at the USMA from
1973 to 1975.  He was assigned to the USMA staff and faculty again in 1983
and stayed there until his retirement.  He was promoted to colonel on 1
November 1986.

4.  On orders dated 23 December 1991, the applicant was appointed as
Professor and Head, Department of Geography and Environmental Engineering,
in the grade of Colonel.  On 26 December 1991, the applicant took his oath
of office as Professor and Head, Department of Geography and Environmental
Engineering, in the grade of Colonel.

5.  The applicant's ORB dated 15 August 1996 shows his basic/control branch
as "PR/47."

6.  U. S. Total Army Personnel Command Orders S22-1 dated 5 February 1998
released the applicant from active duty effective 31 July 1998 and placed
him on the retired list 1 August 1998 in the retired grade of rank of
Colonel with a date of rank of 1 November 1986.

7.  In an undated letter, the Superintendent, USMA recommended the
applicant for advancement to Brigadier General under the provisions of
Title 10, U. S. Code, section 3692(b).

8.  U. S. Total Army Personnel Command Orders S83-2 dated 7 May 1998
amended their S22-1 Orders dated 5 February 1998 to show the applicant's
retirement grade of rank as "Honorary Brigadier General/1 Aug 98."

9.  The applicant's DD Form 214 for the period ending 31 July 1998 shows he
was released from active duty on that date in the rank and grade of
Colonel, O-6. Item 7b shows his home of record as "San Antonia, TX."  Item
2 shows his branch as "EN" (Engineer).

10.  On 3 March 2004, the Deputy Chief of Staff, G-1 responded to a concern
of the Superintendent, USMA that the retirements and advancements to the
grade of Brigadier General of PUSMAs were being processed inconsistently.

11.  On 29 July 2005, DFAS informed the Board analyst they show the
applicant has an honorary rank for his correspondence address as "General."
 They use "General" when they correspond with all general officers.  DFAS
does not address them as "Brigadier General," "Major General," or
"Lieutenant General."

12.  In the processing of this case, an advisory opinion was obtained from
the Office of the Deputy Chief of Staff, G-1.  That office noted that the
applicant's amended retirement orders incorrectly described his retirement
rank as Honorary Brigadier General.   In accordance with Title 10, U. S.
Code, section 3962, he was entitled to be retired in the grade of Brigadier
General.  That section makes no mention of the term "honorary."  That
office opined his retirement grade should be Brigadier General with retired
pay based on the grade of Colonel and his official records should reflect
this.

13.  A copy of the advisory opinion was provided to the applicant for
comment.  He concurred with the advisory opinion.

14.  Title 10, U. S. Code, section 3962 states, upon retirement, any
permanent professor of the USMA whose grade is below Brigadier General, and
whose service as such a professor has been long and distinguished, may, in
the discretion of the President, be retired in the grade of Brigadier
General.

15.  By Secretary of Defense letter dated 21 July 1964, the Secretaries of
the Army and the Air Force, in conformance with the desire of the
President, were authorized to retire professors at the Military or Air
Force Academy, respectively, when [the professor's] grade is below
Brigadier General and whose service as a professor has been long and
distinguished in the grade of Brigadier General but without the pay of that
grade.

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) provides for unique insignia for USMA staff.

17.  Army Regulation 600-3 (The Army Personnel Proponent System), paragraph
3-2 specifies the basic and special branches of the Army.  A "PR" branch is
not listed nor is a branch specific to the USMA faculty listed.

18.  Department of the Army Pamphlet 611-21 (Military Occupational
Classification and Structure) lists USMA Specialized Faculty as Functional
Area 47 in section II (Functional Areas) of chapter 3 and not in section I
(Branches) of chapter 3.

DISCUSSION AND CONCLUSIONS:

1.  When the applicant was released from active duty as a Colonel on 31
July 1998 for the purpose of retirement, he had served on the staff and
faculty at the
USMA for over 15 years, the last 7 of which he had served as a permanent
professor and Head, Department of Geography and Environmental Engineering.
The Superintendent of the USMA had recommended he be retired in the grade
of Brigadier General under the provisions of Title 10, U. S. Code, section
3692.

2.  The applicant's retirement orders were thereupon amended to change his
retirement grade of rank from Colonel with a date of rank of 1 November
1986 to "Honorary" Brigadier General with a date of rank of 1 August 1998.

3.  In accordance with the provisions of Title 10, U. S. Code, section
3962, the applicant should have been retired in the grade of Brigadier
General, not "honorary" Brigadier General.  In accordance with the
Secretary of Defense's    21 July 1964 letter, the applicant would not have
received the pay of a Brigadier General.

4.  It would be appropriate to correct U. S. Total Army Personnel Command
Orders S83-2 dated 7 May 1998 to show the applicant's retirement grade of
rank as Brigadier General and to add in the special instructions:  Retired
in the rank of Brigadier General under the provisions of Title 10, U. S.
Code, section 3962 without the pay of that grade.

5.  The applicant's DD Form 214 for the period ending 31 July 1998
correctly shows he was released from active duty in the grade and rank of
Colonel on     31 July 1998.  Correspondence from DFAS correctly addresses
the applicant as "General"; however, all references to "honorary" should be
deleted from DFAS records.  All military records, to include those at St.
Louis and Army Knowledge Online, should be corrected to reflect the
applicant's rank and grade as Brigadier General and he should be afforded
all the rights and privileges, excepting the retired pay, of a Brigadier
General.

6.  Item 7b of the applicant's DD Form 214 should be amended to show his
home of record as "San Antonio, TX."

7.  It is acknowledged the applicant's ORB showed his branch as "PR."
However, "PR" does not appear to be a true branch designation.  Therefore,
there is insufficient evidence on which to base amending item 2 of his DD
Form 214 for the period ending 31 July 1998 to change his branch from "EN"
to "PR."

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__jea___  __rtd___  __lmd___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

     a.  correcting U. S. Total Army Personnel Command Orders S83-2 dated
    7 May 1998 to show the applicant's retirement grade of rank as
Brigadier General and to add in the special instructions:  Retired in the
rank of Brigadier General under the provisions of Title 10, U. S. Code,
section 3962 without the pay of that grade;

     b.  deleting all references to "honorary" Brigadier General from DFAS
records;

     c.  correcting all military records, to include those at St. Louis and
Army Knowledge Online, to reflect the applicant's rank as Brigadier General
and affording him all the rights and privileges, excepting the retired pay,
of a Brigadier General; and

     d.  amending item 7b of his DD Form 214 for the period ending 31 July
1998 to show his home of record as "San Antonio, TX."

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amending item 2 of his DD Form 214 for the period ending 31 July 1998 to
show his branch as "PR."




            __James E. Anderholm__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004001128                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050804                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |136.06                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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