RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050006341


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, correction to his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) to show he
attended the Ranger School.

2.  The applicant states, in effect, that recognition of his attendance at
the Ranger School was omitted from his DD Form 214.  This omission was an
oversight, with 8 weeks of intensive training; he feels he earned the
recognition to have it mentioned under Item 25 (Education and Training
Completed) on his DD Form 214.  He also states that, because as a Vietnam
veteran returning home and not getting the recognition deserved, it is
important to him having gone through the training.  He and several other
individuals attended from January to February 1969 and graduated from
Ranger School.  They were with Company K, 75th Rangers, 4th Infantry
Division.

3.  The applicant provides a copy of his citation for the Army Commendation
Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 June 1970, the date of his discharge from active duty.  The
application submitted in this case is dated 22 April 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he enlisted in the Regular
Army as a private, pay grade E-1, on 8 June 1967 for 3 years.  He completed
training and was awarded military occupational specialty, light weapons
infantryman, 11B4P.

4.  His DA Form 20 (Enlisted Qualification Record) shows he completed
8 weeks of the Utility Worker Course in 1967; Code of Conduct; Chemical,
Biological, Radiological (CBR) Warfare Training; Military Justice; and the
Benefits of Honorable Discharge in 1967; Basic Training; Basic Airborne;
and Geneva Convention specialized training in 1968.  His records do not
show he completed the Ranger School.

5.  His record also show he was awarded the Army Commendation Medal, for
exceptionally meritorious service in the Republic of Vietnam, during the
period December 1968 to December 1969, while serving as a Long Range Patrol
member, as a member of Headquarters and Headquarters Company, 3rd Brigade,
4th Infantry Division.

6.  He was honorably discharged from the Regular Army in the rank of
sergeant, pay grade E-6, on 5 June 1970.  He was transferred to the United
States Army Reserve (USAR) Control Group (Reinforcement).  He was
discharged from the USAR on 13 December 1973.

7.  Item 25 of his DD Form 214, shows he completed the following
education/training:  Basic Training, Code of Conduct, Basic Airborne,
Geneva Convention, CBR Warfare Training, Military Justice, Benefits of an
Honorable Discharge, and Utility Worker courses.

8.  Army Regulation 635-5 prescribes the preparation policy for separation
documents prepared for Soldiers upon retirement, discharge, or release from
active military service or control of the Army.  The regulation specifies
that Item 25, will list resident training courses of 40 hours or more
successfully completed during the period of service and show the year
completed.

9.  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, any person who was awarded the Combat Infantryman
Badge while serving during World War II as a member of a Ranger Battalion
(1st through 6th inclusive) or in the 5307th Composite Unit (Merrill’s
Marauders), or to any person who successfully completed a Ranger course
conducted by the Ranger Training Command at Fort Benning, Georgia.  To
wear the Ranger Tab, it must have been awarded by one of the three
authorities cited in Army Regulation 600-8-22, paragraph 8-46, in this
case, the Commandant, US Army Infantry School.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to correction of his DD Form 214, Item 25, to show he completed
the Ranger School.

2.  The applicant's contentions that the omission was an oversight and he
completed 8 weeks of intensive training have been noted.  However, his
records show he completed 8 weeks of the Utility Worker Course in 1967.
This course, along with the other courses he completed, were appropriately
annotated on his DD Form 214.  The evidence of record contains the
identical information listed on his separation document.

3.  There is no evidence, and the applicant has provided none, to show that
he attended ranger training at Fort Benning, Georgia, while he was on
active duty.  There are no orders in the applicant service records to show
he was awarded the Ranger Tab for having successfully completed ranger
training at Fort Benning.  In the absence of information to the contrary,
it is concluded that the applicant’s DD Form 214 is correct.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 June 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 4 June 1973.  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_KLW___  _QAS___  _DED___   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations

prescribed by law.  Therefore, there is insufficient basis to waive the
statute of limitations for timely filing or for correction of the records
of the individual concerned.




                                  ___Kenneth L. Wright  _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006341                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |100.07                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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