RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20070018291 


	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.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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, in effect, that his assigned branch of ordnance (OD) at the time of his retirement be changed to field artillery (FA), his originally assigned officer branch.

2.  The applicant essentially states that he was originally commissioned as an FA officer effective 15 May 1955, but that he was reassigned as an OD officer on 
10 February 1968 due to reorganization in his unit.  He also states, in effect, that no error or injustice is shown in his military record, but requests that his assigned branch be redesignated as FA because he prefers to be listed in his combat branch designation.  

3.  The applicant provides his original officer appointment letter assigning him to the FA branch effective 15 May 1955; a letter, dated 28 March 1962, showing that he successfully completed the minimum educational requirements for promotion to captain; a course completion certificate, dated 30 March 1962; a letter, dated 3 April 1962, showing that he completed the Field Artillery Battery Grade Extension Course; special orders, dated 10 February 1968, which reassigned him from FA to OD; a letter, dated 19 June 1979, which promoted him to lieutenant colonel as an OD officer; two documents showing that he completed the Command and General Staff Officer Course in 1978; and orders and a certificate showing that he was placed on the Army of the United States (AUS) Retired List on 30 December 1988 in support of this application.

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.  After having had prior enlisted service, the applicant was commissioned a second lieutenant in the Army National Guard of the United States on 15 May 1955, and was assigned to the FA branch.  After being promoted to first lieutenant and captain as an FA officer, orders, dated 10 February 1968, reassigned him from the FA branch to the OD branch.  He was promoted to major effective 19 April 1972.  On 4 December 1978, he was honorably released from the Army National Guard, and was transferred to the United States Army Reserve.  He was promoted to lieutenant colonel in the OD branch effective 
18 April 1979.  On 30 December 1988, he was placed on the AUS Retired List in the rank of lieutenant colonel.  

3.  The applicant essentially stated that he was originally commissioned as an FA officer effective 15 May 1955, but that he was reassigned as an OD officer on 
10 February 1968 due to reorganization in his unit.  He also stated, in pertinent part, that no error or injustice is shown in his military records, but requests that his assigned branch be redesignated as FA because he prefers to be listed in his combat branch designation.  

4.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his assigned branch of OD at the time of his retirement be changed to FA, his originally assigned officer branch.

2.  While it is clear that the applicant was originally assigned to the FA branch when he was commissioned as an officer on 15 May 1955, the evidence of record clearly shows that he was transferred from FA branch to OD branch on
10 February 1968, and all documentation in his military record shows that OD was his branch from that date until he retired.  As the applicant pointed out, the fact that his military record shows that his branch at the time of his retirement was OD is not an error or injustice.  However, the fact that he now requests that his branch be changed from OD to FA because he would prefer to be listed in a combat branch designation is not a sufficiently compelling reason to change his branch.  

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___        XXX                ___
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070018291



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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