RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 September 2007
	DOCKET NUMBER:  AR20070005104 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Frank C. Jones II

Member

Ms. Carmen Duncan

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 correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Parachutist Badge, Ranger Tab, and completion of the Ranger Training Course.

2.  The applicant states that these awards and training were omitted from his 
DD Form 214.

3.  The applicant provides copies of his DD Form 214 and his Certificate of Training for the Ranger Training Course. 

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 applicant’s 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 applicant’s 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 military records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  The applicant’s DD Form 214 shows that he enlisted in the Regular Army on 29 July 1950 for 3 years.  

4.  In October 1950, the applicant successfully completed the Airborne Course.

5.  The United States Army Infantry School, Fort Benning, Georgia, issued the applicant a certificate of training for his completion of Ranger Training during the period from September 1950 to September 1951.

6.  On 31 October 1952, the applicant was promoted to sergeant.
7.  On 31 July 1953, the applicant was honorably discharged.  He had completed 3 years of creditable active duty service and served overseas for 1 year, 
7 months, and 23 days.

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists his awards as the Korean Service Medal with five bronze service stars [currently a silver service star is used], United Nations Service Medal, Combat Medical Badge, Combat Infantryman Badge, Commendation Ribbon with Metal Pendant [current award is the Army Commendation Medal], and the Army of Occupation Medal with Japan Clasp.  The Ranger Tab and Parachutist Badge are not listed. 

9.  Item 31 (Service Training Courses successfully Completed) of the applicant’s DD Form 214 lists the 82nd Airborne Division Airborne Course.  It does not show completion of ranger training.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

11.  Review of available documents indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

13.  The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  Available records show that the applicant completed the Basic Airborne Course.  Therefore, his DD Form 214 should be corrected to show award of the Parachutist Badge.

2.  Available records show that the applicant successfully completed Ranger Training at Fort Benning, Georgia.  Therefore his DD Form 214 should be corrected to show this training and award of the Ranger Tab.

3.  Evidence shows that the applicant was awarded the Korean Service Medal.  Therefore, he is authorized award of the Korean War Service Medal and his 
DD Form 214 should be corrected to show this award.

4.  Available evidence shows that the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, his DD Form 
214 should be corrected to show this award.

BOARD VOTE:

__LDS __  __FCJ __  _CD _____  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:

	a.  adding in Item 31 (Service Training Courses Successfully Completed) of his DD Form 214: Ranger Training, Fort Benning, Georgia, September 
1951; and

 	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the National Defense Service Medal, Parachutist Badge, Ranger Tab, and the Korean War Service Medal.




__      Linda  D . Simmons________
          CHAIRPERSON




INDEX

CASE ID
AR20070005104
SUFFIX

RECON
 
DATE BOARDED
 20070906
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100
2.
107
3.

4.

5.

6.