BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120011953
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 correction of his records to show the correct branch of service.
2. The applicant states he desires for the Board to either verify if the memorandum, dated 12 December 1996, and issued by Headquarters, 99th Regional Support Command (RSC), transferring him from the Civil Affairs Branch to the Infantry Branch, is not valid or in the alternate, if this memorandum is valid, to change the branch listed on his official records (as recorded on the Army Knowledge Online (AKO)) website from Civil Affairs to Infantry.
3. The applicant provides:
* 1967 Appointment orders
* 1975 Branch transfer memorandum
* 1977 Branch transfer memorandum
* 1996 Branch transfer memorandum
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 applicants 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 applicants 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 he was born on 7 August 1941.
3. Having had prior enlisted service, the applicant's records show he was appointed as an Infantry Reserve commissioned officer of the Army and entered active duty on 14 September 1967. He was promoted to first lieutenant (1LT) in the Infantry Branch on 14 September 1968.
4. He was honorably released from active duty in the rank of 1LT and the Infantry Branch on 2 September 1969. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
5. Subsequent to his release from active duty, he was assigned to various troop program units of the USAR. He attended and successfully completed the Infantry Branch Officer Basic Course (IOBC) from 15 September 1970 to 25 May 1971.
6. He was assigned to the 390th Civil Affairs Group in January 1974. In February 1975, Headquarters, First U.S. Army, Fort Meade, MD, issued a memorandum detailing him to the Civil Affairs Branch effective 20 February 1975. He was promoted to major in September 1976.
7. On 30 March 1977, Headquarters, U.S. Army Reserve Command, Fort Meade, MD, issued a Disposition Form transferring him to the Civil Affairs Branch effective 22 March 1977.
8. He served in a variety of staff and command assignments, in various specialties including 48B (Psychological Operations Officer), 42A (Personnel Officer), and 53C (Information Management). He was promoted to lieutenant colonel on 14 September 1983 and colonel (COL) on 13 September 1988, in both cases as a Civil Affairs officer.
9. On 4 May 1990, the U.S. Army Reserve Personnel Center issued him a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).
10. He continued to serve in various capacities, including Commandant of the 2090th U.S. Army Reserve Forces (Student and Faculty), Harrisburg, PA.
11. In March 1996, he was reassigned to the 1215th Garrison Support Unit, Fort Drum, NY.
12. On 12 December 1996, Headquarters, 99th RSC, Oakdale, PA issued a memorandum awarding him primary specialty 11A (Infantry) and branch transferring him from the Civil Affairs Branch to the Infantry Branch.
13. On 6 October 1997, he submitted a DA Form 4651-1-R (Request for Reserve Component Assignment or Attachment) wherein he requested a transfer to the Retired Reserve. He indicated his Branch was that of the Infantry.
14. It appears he was transferred to the Retired Reserve on or about 14 October 1997.
15. He was placed on the Retired List in his retired grade of COL on 7 August 2011, his 60th birthday.
16. His Army Military Human Resource Record (AMHRR), previously known as the official military personnel file (OMPF), accessible by the applicant through AKO, shows his Branch as "Civil Affairs."
DISCUSSION AND CONCLUSIONS:
The applicant was appointed as an Infantry officer and served in that basic branch. He was detailed and transferred to the Civil Affairs Branch in March 1977. However, in December 1996, he transferred back to the Infantry Branch. It is unclear why his AMHRR reflects his basic branch as Civil Affairs. He should have this electronic record corrected to show the correct basic branch.
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 correcting his Army Human Resource Military Record, including electronic databases, to show his basic branch as "Infantry."
_______ _ 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) AR20120011953
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ABCMR Record of Proceedings (cont) AR20120011953
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