IN THE CASE OF:	  

		BOARD DATE:	       28 MAY 2009

		DOCKET NUMBER:  AR20090001587 


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 records and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his primary area of concentration (AOC) and branch as 31A (Military Police).  Additionally, he requests that his secondary AOC be listed as 12A (Armor).

2.  The applicant states that he requested these changes four times while on active duty to no avail.

3.  The applicant provides a memorandum, subject:  Classification of U.S. Army Reserve (USAR) Officers, dated 3 March 2005.

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's records show that he was appointed as a Reserve Commissioned Officer in the Armor branch on 28 December 1994.

3.  The applicant's DD Form 214 for the period 2 December 2001 to 19 April 2002 lists his branch as Armor.  Item 11 (Primary Specialty) lists 42B (Personnel Systems Management).

4.  U.S. Army Human Resources Command (HRC), St. Louis, Missouri, memorandum, dated 3 March 2005, shows that the applicant was awarded 31A as his primary AOC and 12A as his secondary AOC.  This memorandum is also contained in the applicant's official military personnel file (OMPF).

5.  Department of the Army Pamphlet 600-3 (Commissioned Officer Professional Development and Career Management) states, in pertinent part, that generally, the first 8 years of service are devoted to branch developmental assignments and training that prepares a company grade officer for further advancement.  Company grade officers may request, in writing, a voluntary branch transfer in accordance with Army Regulation 614-100 (Officer Assignment Policies, Details, and Transfers).

6.  Army Regulation 614-100 states that a branch transfer permanently changes a commissioned officer's branch, component, or department.  Authority for final approval of voluntary branch transfer requests is vested in the Director, Officer Personnel Management Division, HRC.  On approval of the branch transfer, the commander of the losing branch revokes any existing assignment instructions and submits a control branch change to the Total Army Personnel Data Base.

7.  Additionally, the regulation states that the majority of commissioned officers in the Military Police Corps are accessed directly from the Reserve Officers' Training Corps, the U.S. Military Academy, and, to a lesser extent, Officer Candidate School.  Designation of the Military Police Corps as an initial branch is regulated by Headquarters, Department of the Army (HQDA), through the various commissioning sources.  The remainder of commissioned officers in the Military Police Corps are acquired through in-service branch transfers.  Accession via branch transfer is directed by HQDA and may be voluntary or involuntary based upon the needs of the Army.

8.  Army Regulation 614-200 defines functional area as a grouping of officers by career field other than arm, service, or branch that possess an interrelated grouping of tasks or skills which usually requires significant education, training, and experience.  Officers may serve repetitive and progressive assignments within the functional area.  An officer may not be accessed into or normally be assigned more than one functional area.  Whereas the area of concentration identifies a requirement for an officer possessing a requisite area of expertise (subdivision) within a branch or functional area, an officer may possess and serve in more than one area of concentration.

9.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The memorandum awarding the applicant 31A as his AOC is not sufficient justification to change his records and branch to Military Police.  The applicant stated that he submitted his request to change his primary AOC and branch on four separate occasions without success.  The fact that the memorandum awarding him a primary AOC of 31A is contained in his OMPF provides credence that the memorandum was not sufficient to support his request.  As stated in the regulatory guidance, the applicant must request branch transfer and final approval rests with the Director, Officer Personnel Management Division, HRC.

2.  Additionally, it is noted that the memorandum awarding the applicant a primary AOC of 31A is dated 3 March 2005.  The applicant did not specify which documents in his records he requests to be changed other than his 2002 DD Form 214.  As cited in Army Regulation 635-5, separation documents are not authorized to be corrected if the action occurred after the date of discharge.  

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.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090001587



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ABCMR Record of Proceedings (cont)                                         AR20090001587



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