RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 January 2006
      DOCKET NUMBER:  AR20050007877


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, that his record be corrected to show
he completed Ranger training and was awarded the Ranger Tab.

2.  The applicant states, in effect, that he was assigned to Headquarters
and Headquarters Company (HHC), 25 Infantry Division in Korea at the time
of his separation.  He claims that he completed Ranger training in Korea
from September through October 1950.  He states that he would also like to
be awarded the Ranger Tab so that he can join Ranger organizations.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Letter; Headquarters, 25th Infantry Division
Special Orders (SO) Number (#) 62, dated 9 March 1951; Commander Supporting
Statement; and an Publication Extract, Titled:  Rangers in Korea.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 4 December 1951, the date of his separation.  The
application submitted in this case was received on 25 May 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 limitations 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 are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.  This case is being
considered using reconstructed records, which primarily consist of the
applicant’s separation document (DD Form 214) and the documents provided by
the applicant.

4.  The applicant’s DD Form 214 shows that he enlisted in the Regular Army
and entered active duty on 14 January 1949.  He served in military
occupational specialty (MOS) 1745 (Light Weapons Infantry Leader), and his
most significant assignment is listed as HHC, 25th Infantry Division.

5.  The applicant’s separation document also confirms that he held the rank
of sergeant (SGT) at the time of his separation, and that he was wounded in
action on 26 November 1950 in Kunrie, Korea.  Item 27 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized), as amended in a correction to the DD Form 214 (DD Form 215) on
12 September 1991, shows that he earned the following awards during his
tenure on active duty:  Army of Occupation Medal with Japan Clasp; Korean
Service Medal with 5 bronze service stars; Purple Heart; Combat Infantryman
Badge; and 2 Overseas Bars.

6.  On 4 December 1951, the applicant was honorably separated after
completing a total of 2 years, 10 months and 21 days of active military
service.

7.  The applicant provides a third-party supporting letter from his unit
commander in Korea, a retired Army colonel.  This officer confirms the
applicant was assigned to the Eighth Army Ranger Company, 8213th Army Unit
in Korea.  He indicates that the applicant joined the unit when it was
activated on 25 August 1950 and continued to serve in the unit until it was
deactivated on 25 March 1951.  He states that he was the company commander
from 25 August 1950 through 26 November 1950, at which time he was
evacuated because of combat wounds.

8.  The applicant also provides a copy of Headquarters, 25th Infantry
Division
SO # 62, dated 9 March 1951.  These orders awarded the Combat Infantryman
Badge to a group of Soldiers from the Eighth Army Ranger Company, 8213th
Army Unit, for their satisfactory performance of duty in ground combat
against the enemy.

9.  The applicant further provides a publication extract, titled: Rangers
in Korea, which confirms he was assigned to the Eight Army Ranger Company,
8213th Army Unit was activated on 24 August 1950, and was attached to the
25th Infantry Division.  It further shows the unit was deactivated on 28
March 1951, after participating in four campaigns and earning the Korean
Presidential Unit Citation and Combat Infantry Streamer.  A unit roster
included in an appendix of this publication confirms the applicant was
assigned to the unit.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 8-46 contains
guidance on award of the Ranger Tab.  It states that the basic eligibility
criteria for award of the Ranger Tab is as follows:  (1) Successful
completion of a Ranger course conducted by the U.S. Army Infantry School;
(2) Any person who was awarded the Combat Infantryman Badge while serving
during World War II as a member of a Ranger Battalion (1st-6th inclusive)
or in the 5307th Composite Unit (Provisional) (Merrill's Marauders); or (3)
Any person who successfully completed a Ranger course conducted by the
Ranger Training Command at Fort Benning, Georgia.

11.  Special Regulation 615-360-1 ( Discharge Procedures and Preparation of
Separation Forms), in effect at the time, established the procedures to be
followed in the separation of enlisted personnel from active military
service and described the proper method for the execution and disposition
of the various forms, records and reports required.  It also contained
instructions for the preparation of the DD Form 214.  The instructions for
Item 28 (Most Significant Duty Assignment) stated that the last unit, or
similar element to which the member was assigned for duty, rather than the
element of which an individual was part while moving to a separation point
would be listed.

12.  The instructions for Item 31 (Service Training Courses Successfully
Completed) contained in the same regulation states that installation
training courses, military correspondence courses, off-duty courses the
member completed successfully would be entered in this item.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the completion of Ranger training and the
Ranger Tab be added to his separation document, and the supporting evidence
he submitted were carefully considered.  The evidence confirms the
applicant was assigned to the 8213th Army Unit, Eighth Army Ranger Company,
25th Infantry Division, while serving in Korea.

2.  Although technically the applicant’s last duty assignment was HHC,
25th Infantry Division, it is clear his most significant duty assignment
while serving in Korea was to the 8213th Army Unit, Eighth Army Ranger
Company.  As a result based on the applicant’s request, it would
appropriate and serve the interest of equity to amend Item 28 of his
separation document by deleting the current entry and replacing it with the
entry “8213th Army Unit, Eighth Army Ranger Company, Korea”.  This will
confirm his Ranger assignment and satisfy his request to document his
Ranger service.

3.  However, the evidence does not show the applicant completed a formal
Ranger training course that would entitled him to the Ranger Tab, or an
installation training course that would support an entry in Item 31 of his
DD Form 214.  Absent evidence that he received Ranger training in one of
these course environments rather than during normal unit mission training,
there is an insufficient evidentiary basis to support granting the
requested relief on these issues.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___SLP _  ___CAD _  __KSJ__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending his 4 December
1951 DD Form 214 by deleting the current entry in Item 28 and replacing it
with the entry “8213th Army Unit, Eighth Army Ranger Company, Korea”; and
by providing him a correction to his separation document that reflects this
change.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Ranger Tab, or to adding Ranger training to his DD Form 214.





            ____Shirley L. Powell______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007877                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1951/12/04                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Conv of Govnt                           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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