BOARD DATE:	  9 September 2009

		DOCKET NUMBER:  AR20090006538 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was assigned to the 75th Rangers.  He also requests reconsideration of an earlier request to correct his records to show award of the Air Medal.

2.  The applicant states he was not given credit for his service with the Ranger unit and just recently found documentation proving his service with this unit.  He also states that the Army failed to acknowledge his Air Medal.

3.  The applicant provides a copy of his DD Form 214, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), a letter related to verification of ranger training, a DA Form 20 (Enlisted Qualification Record), and a letter to the Board explaining his request in support of this application. 

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 requested, in effect, reconsideration of the Board's denial of his previous request for correction of his records to show award of the Air Medal (ABCMR Docket Number AR2000042069 considered on 19 October 2000).

	a.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier Board decision if the request is received within one year of the Board's original decision and it has not previously been reconsidered.

	b.  The Board staff reviewed the applicant's request for reconsideration and determined that his request for reconsideration was not received within one year of the Board's original decision.  As a result, his request for reconsideration does not meet the criteria outlined above.  

	c.   The Board will not consider any further requests for reconsideration of this matter.  However, the applicant has the option to seek relief in a court of appropriate jurisdiction.  Therefore, this portion of the applicant's request will not be discussed further in these proceedings.

3.  The applicant's military records show he was inducted into the Army of the United States on 20 January 1971.  He was awarded the military occupational specialty of infantry indirect fire crewman, and was promoted to pay grade E-4.

4.  The applicant was released from active duty on 23 March 1972 with an honorable characterization of service and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) after completing 1 year, 1 month, and 18 days of active service.

5.  The applicant's records show he enlisted in a USAR troop program unit on   17 September 1984 and served in the USAR until he was discharged from the Ready Reserve effective 12 September 1990.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows while he was stationed in Vietnam he was initially assigned to Company H (Rangers), 75th Infantry, 3d Brigade (Separate), 1st Cavalry Division (Air Mobile) and his last unit of assignment was Company E, 2nd Battalion, 5th Cavalry, 3d Brigade (Separate), 1st Cavalry Division (Air Mobile).

7.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Air Mobile), Special Orders Number 73, dated 13 March 1972, directed the applicant's reassignment to the transfer activity for outprocessing.  The applicant's DD Form 214, item 12 (Last Duty Assignment and Major Command) contains the entry "3RD BDE (SEP) 1ST ACD  USARV." 

8.  Army Regulation 635-5 (Separation Documents) in effect at the time, provided that for personnel reassigned on orders to a transfer activity prior to separation, the losing unit of assignment and the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Maj Comd/Agency" of the orders reassigning the individual to the transfer activity would be entered in item 12 of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he was initially assigned to a Ranger unit while stationed in Vietnam.  However, records indicate that his DD Form 214 properly shows the losing unit of assignment and the last major command to which he was assigned prior to reassignment to the transfer activity.  Therefore, there is no basis on which to correct this properly-constituted DD Form 214.

2.  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 the aforementioned requirement.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x___  ___x_____  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _   __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)                                         AR20090006538





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ABCMR Record of Proceedings (cont)                                         AR20090006538



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