IN THE CASE OF:	  

		BOARD DATE:	       24 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090011416 


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 reconsideration of the Board's denial of his request to reclassify his area of concentration (AOC) from Army Medical Department (AMEDD) Branch to the Military Police Branch prior to his mandatory removal date (MRD) (January 2005 through July 2005).

2.  The applicant states that the Board did not provide an adequate explanation of many factors concerning his reclassification.  The applicant says that the governing regulation provides for the reclassification of AMEDD officers in specialty branches with approval of Headquarters, Department of the Army (HQDA).  However, he contends that since he was recalled to active duty in AOC 13A (Field Artillery, or FA), a material error exists if this reclassification did not occur prior to his recall to active duty.  Since AOC 13A has no restrictions to an officer having an additional AOC, if he had been reclassified into FA that reclassification would have been a catalyst for him to be reclassified into AOC 31A (Military Police).  However, he believes that if there is not a "paper trail" for his reclassification, it is due to the high level of the personnel involved in his recall to active duty.  

3.  The applicant says the Board concluded that there was sufficient time to reclassify him prior to him reaching his mandatory removal date (MRD), but because of material error he was unable to petition for reclassification until almost a year after reaching his MRD in July 2005.

4.  The applicant does not provide any additional documents.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080008046, on 24 February 2009.

2.  In the Board's first consideration of this case, the Board considered the following statements from the applicant:

	a.  The applicant states, in effect, that he would like to serve in a position where he is skill-qualified and he can continue to meet the needs of the Army as a Military Police Officer.  He states he has served as a Branch Chief of the Law and Order Branch within the Provost Marshal Office of a Joint Command (CENTCOM), but due to an administrative error of HRC and administrative mismanagement, he is assigned to a branch in which he has no skills or qualifications.  He volunteered to be recalled in a time of war and has performed in a functional area which meets the needs of the Joint Command he supports (Military Police).  He also states that he was recalled to active duty based on a need of Combat Arms Officers, his experience as a police officer, and his civilian employment.  His initial orders directed him to attend "re-greening" at Fort Sill, OK because his AOC was Field Artillery (FA).  Upon completion of "re-greening", he was sent to Iraq.  He served with Multi National Security Transition Command, Civilian Police Transition Team as a Combat Arms Officer Branch Immaterial 02AOO as the Commandant of the Iraqi Public Order Police Academy.  In this duty position, he utilized his civilian police skills.  

   b.  The applicant also states that he was asked to remain on active duty to assume a position within the Provost Marshal's office at CENTCOM where he has worked for the past four years.  He has performed various duties as a Military Police Officer.  The applicant alleges that he has been denied to serve in the correct AOC due to administrative and material errors by HRC.  He cites two primary reasons, which include his MRD and reappointment.  He states that his MRD was incorrectly identified as March 2000 at the time of his recall.  His MRD was amended to reflect July 2005 on 25 September 2006, almost 18 months after he returned to active duty.  Based on responses from HRC, he was informed that he would have to be reappointed in the Military Police Corps because the AMEDD is a Specialty Branch.  Documentation from HRC reflected that a reappointment action could not be accomplished because he had reached his MRD.  He alleges that he was within the time frame to have requested reappointment to another branch within the window of January [2005] to July 2005.  This fact was not disputed by HRC, but action from this Board is required to validate and grant him the opportunity to request reappointment under the time lines.

	c.  The applicant continues by stating that an alternate course of action would have been to reclassify him to his original basic branch of FA, to have him complete the Military Police Transition Course, and to have 31 AOC added as his secondary AOC.  He states that there are no restrictions on Army Promotion List (APL) officers to hold additional AOCs.  

   d.  The applicant alleges that AMEDD mismanaged his records in that his secondary AOC was deleted from his OMPF and it is referenced as being an "outdated" AOC.  He states he performed in the 13A Combat Arms AOC in 2005 through 2006 until AMEDD deleted this AOC.  He states he provided course completion documentation which verifies him as being qualified as FA and this should be reflected in his OMPF.  He states he has not performed any viable AMEDD officer duties since 1995.  

3.  The applicant's military records show that he was commissioned as a second lieutenant, Field Artillery (FA), Army National Guard (ARNG), on 14 June 1977, was promoted to first lieutenant, FA, ARNG on 13 June 1980, and served as a battery commander in the ARNG.

4.  On 6 November 1980, the applicant received a branch transfer from FA to Medical Service Corps (MSC).

5.  On 1 April 2000, the applicant was transferred to the Retired Reserve.

6.  On 23 December 2004, orders were issued ordering the applicant to active duty in a retired status effective 2 January 2005.  Those orders showed that the applicant was in the Medical Services (MS) Branch, but his AOC was shown as 13A (FA).

7.  On 27 December 2005, the applicant was again ordered to active duty in a retired status effective 2 January 2006.  Those orders showed the applicant's AOC as 13A.

8.  On 31 July 2006 the applicant contacted the Human Resources Command, St. Louis (HRC-STL) and asked what he would have to do to be reclassified to the AOC of FA.

9.  On 13 November 2007, the applicant was again ordered to active duty in a retired status effective 2 January 2008.  Those orders showed that the applicant was in the MS Branch and his AOC was listed as 70B.
10.  The applicant completed the requirements for the Military Police Transition Course in April 2008.  The same month, he submitted a request for award of the AOC 31A (Military Police).

11.  The applicant references Army Regulation 601-10 (Management and Mobilization of Retired Soldiers of the Army), paragraph 2-7a which states "Retired soldiers who have outdated military skills as shown by obsolete identification codes, or who have attained new skills may be reclassified to meet the needs of the Army."  Further, paragraph 1b directs that officers of the specialty branches, AMEDD, may also be reclassified with approval of Headquarters, Department of the Army (HQDA).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was commissioned as a FA officer on 14 June 1977 and served in that branch until he was reclassified into the MSC in November 1980.  He served in the MSC until his transfer to the Retired Reserve on 1 April 2000.  

2.  While the applicant was a retired Soldier who was ordered to active duty in his retired status, his military skills were not outdated.  He had served as an MSC officer for the 20 years prior to his assignment to the Retired Reserve and had only been assigned to the Retired Reserve for 4 1/2 years prior to being ordered to active duty.  Conversely, he had only served as a FA officer for 3 years and had last served as a FA officer 24 years prior to be ordered to active duty.  

3.  Therefore, the applicant's AOC was not obsolete, but given the fact that he had not served as an artilleryman for 24 years, his skills in AOC 13A (FA) were certainly outdated.  As such, there is no basis for showing he was reclassified into AOC 13A.  

4.  As for AOC 31A (Military Police), the applicant did not complete the Military Police Transition Course until April 2008.  It is highly unlikely that he would have been awarded the AOC of 31A (Military Police) prior to his completion of that course.  As such, there is no basis for showing he was reclassified into AOC 31A.

5.  Also considered is the fact that the applicant did not attempt to be reclassified into another AOC until after he had passed his MRD, and he had not been granted the authority by HQDA to be reclassified, a requirement for AMEDD officers.

6.  Contrary to the applicant's contention, there was no requirement to reclassify him into FA prior to his recall to active duty, even though he was ordered to active duty in AOC 13A (FA).  This is evidenced by the fact that the AMEDD Branch deleted the applicant's AOC of FA when the applicant informed them that he was serving in that AOC on 31 July 2006.

7.  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 to amend the decision of the ABCMR set forth in Docket Number AR20080008046, dated 24 February 2009.




      _______ _   __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)                                         AR20090011416





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ABCMR Record of Proceedings (cont)                                         AR20090011416



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