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ARMY | BCMR | CY2002 | 2002066439C070402
Original file (2002066439C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 April 2002
         DOCKET NUMBER: AR2002066439

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

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Elzey J. Arledge Member
Mr. Richard T. Dunbar Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Ranger Tab and Army Commendation Medal. He also requests that he be appointed to the rank of Warrant Officer in the U.S. Army Reserve (USAR).

APPLICANT STATES: In effect, that he is entitled to the Ranger Tab because his unit tested Ranger and other battle tactics in 1973 and his platoon proved that the fastest and safest way back to the objective was by means of the primary route. As he understands it, this is the new standard Ranger doctrine. He also contends that he completed standard Ranger training. He states that in 1976 he was doing work far above the rank of an officer with his time and grade. He further states that he was handling the operation of a Property Book Officer and commissary at the same time, that it was a conflict of interest, and he gave it his best shot. He goes on to state that instead of receiving an Army Commendation Medal for his work, he ended up having a nervous breakdown and had to resign his commission as a commissioned officer. He also contends that he completed the Conventional Ammunition Material Management Officer Basic Course and was promised a Warrant Officer position.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant entered active duty on 20 May 1972 as a second lieutenant in the Regular Army. On 26 March 1976, the applicant tendered an unqualified resignation from the Army under the provisions of Army Regulation 635-120, chapter 3, to go to school. On 21 July 1976, the applicant was released from active duty in the rank of first lieutenant under the provisions of Army Regulation
635-120, chapter 3, for miscellaneous/general reasons. He was reassigned to the USAR (Control Group Reinforcement) as a Reserve officer in the rank of first lieutenant on 22 July 1976. He was honorably discharged from the USAR (Control Group Reinforcement) on 31 May 1978.

The applicant enlisted in the USAR on 22 October 1982 for a period of 1 year in pay grade E-4. On 17 October 1983, the applicant enlisted in the USAR for a period of 6 years in pay grade E-4. The applicant was honorably discharged from the USAR on 16 October 1989 in pay grade E-4.

The applicant’s DD Form 214, which is authenticated in his own hand, does not show the Ranger Tab or the Army Commendation Medal as authorized awards.

There is no evidence in the applicant’s service personnel records which shows the applicant completed a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command.

There is no evidence in the applicant’s service personnel records which shows he was recommended for or awarded the Army Commendation Medal.
DA Form 1059 (Service School Academic Evaluation Report), dated 25 June 1985, shows the applicant completed the Conventional Ammo Material Management Basic Course.

There is no evidence in the available records which shows the applicant was appointed to the rank of Warrant Officer in the USAR.

The applicant’s discharge orders from the USAR, dated 12 October 1989, show his rank as specialist four.

Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth the requirements for award of the Ranger Tab. The Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command or award of the Combat Infantryman Badge while serving in World War II as a member of a Ranger Battalion (1st to 6th inclusive) or in the 5307th Composite Unit (Merrill’s Marauders).

Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he completed a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command. Therefore, the Board determined that there is insufficient evidence on which to base award of the Ranger Tab in this case.

2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Commendation Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Army Commendation Medal in this case.

3. The Board considered the applicant’s contention that he completed the Conventional Ammunition Material Management Officer Basic Course and was promised a Warrant Officer position. However, the applicant has provided no evidence to support this contention.

4. Evidence of record does show that the applicant completed the Conventional Ammo Material Management Officer Basic Course in 1985 . However, there is no evidence that he was appointed to the rank of Warrant Officer prior to his honorable discharge from the USAR on 16 October 1989. Therefore, there is no basis for granting the applicant’s request.

5. 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.

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

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

MKP____ EJA_____ RTD_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002066439
SUFFIX
RECON
DATE BOARDED 20020411
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0123
2. 107.0020
3. 102.0200
4.
5.
6.


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