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ARMY | BCMR | CY2010 | 20100010127
Original file (20100010127.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    21 October 2010

		DOCKET NUMBER:  AR20100010127 


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 reconsideration of his earlier request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) as follows:

* Item 4 (Component and Branch of Service) show he served in the "Infantry" instead of the "Artillery" 
* Item 30 (Service Schools or Colleges, College Training Courses, and/or Post Graduate Courses Successfully Completed) show completion of the Ranger Course

2.  The applicant states the previous Record of Proceedings implied his entire military career was an artillery cannoneer when he was in fact assigned to the 82nd Airborne Division from March 1949 to July 1950.  Additionally, various documents identified his assignment to the 1st Ranger Infantry Company (Airborne) and he was awarded the Combat Infantryman Badge.  In order to serve with the 1st Ranger Infantry Company (Airborne) a member had to have completed Ranger training and in order to be awarded the Combat Infantryman Badge, a member had to have served as an infantry Soldier in ground combat against the enemy.  The words Ranger and Infantry are referred to on 7 separate occasions throughout the Record of Proceedings. 

3.  The applicant provides Special Orders Number 226, issued by the 82nd Airborne Division, Fort Bragg, NC, on 26 September 1950, and Special Orders Number 36 and 208, issued by the Headquarters, 2nd Infantry Division, Korea, on 6 February and 31 July 1951 respectively.
CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080015670, on 10 February 2009, and AR20090005062, on 1 September 2009.

2.  The applicant submitted three sets of orders which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and, as an exception to policy, warrant consideration by the Board.

3.  His DD Form 214 shows he enlisted in the Regular Army on 31 August 1948.  He attended the Basic Airborne Course from 10 February 1949 to 3 April 1949.  

4.  On 26 September 1950, Headquarters, 82nd Airborne Division, Fort Bragg, NC, published Special Orders Number 226 reassigning the applicant to Fort Benning, GA for duty with the Ranger Training School with a report date of no later than 29 September 1950.  The orders listed his MOS as Artillery.

5.  A phone conversation, dated 1 October 2010, between the analyst of record and the Fort Benning, GA, Ranger Brigade Registrar, confirmed the applicant completed the first Ranger Course at Fort Benning, GA, that graduated in November 1950 (No beginning date is available).

6.  His DD Form 214 and other reconstructed records show subsequent to completing Ranger School, he was reassigned to Korea on an unknown date.  He was further assigned to the 1st Ranger Infantry Company (Airborne).

7.  On 6 February 1951, Headquarters, 2nd Infantry Division, published Special Orders Number 36 awarding him the Combat Infantryman Badge for satisfactory performance of duty in ground combat against the enemy on 16 January 1951.

8.  On 31 July 1951, Headquarters, 2nd Infantry Division, published Special Orders Number 208, reassigning the applicant from the 1st Ranger Infantry Company (Airborne) to the 187th Regimental Combat Team, effective 1 August 1951.  His MOS is listed as 31745 (3 indicates Ranger qualified, and 1745 indicates Light Weapons Infantry).

9.  He was honorably separated on 15 May 1952 at Fort Bragg, NC by reason of expiration of his term of service.  This form shows the following entries:



* Item 4 shows his branch as artillery
* Item 5 (Specialty Number or Symbol) shows 73044 (Parachutist Qualified Artillery Cannoneer)
* Item 30 shows he completed the Basic Airborne Course at Fort Benning, GA in April 1949

10.  On 10 February 2009, the Board denied his application for correction of his branch from artillery to infantry, three awards of the Presidential Unit Citation, completion of Ranger School, and his assignment to the 1st Ranger Infantry Company (Airborne) due to lack of documentary evidence.

11.  On 1 September 2009, on reconsideration, the Board granted him partial relief by awarding him the Purple Heart, National Defense Service Medal, Republic of Korea War Service Medal, two awards of the Presidential Unit Citation, and United Nations Service Medal; correcting his unit of assignment from the 319th Field Artillery battalion (Airborne) to the 1st Ranger Infantry Company (Airborne), and his combat injury in Korea on 18 May 1951.  However, the Board denied changing his branch to infantry, completion of the Ranger Course, and awarding him a third award of the Presidential Unit Citation. 

12.  Special Regulation 615-360-1 (Enlisted Personnel - Separation of Enlisted Personnel), in effect at the time, established the procedures followed in the separation of enlisted personnel.  It prescribed the separation documents prepared for enlisted Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated:  Item 4 shows the component and branch of service of the last unit or similar element to which the enlisted person was assigned to for active duty.  Item 30 showed the service schools or colleges, college training courses, and/or post-graduate courses successfully completed, including military sponsored courses. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his branch should be changed to infantry and his separation document should be corrected to show completion of the Ranger Course.

2.  The evidence of record shows the applicant successfully completed the Ranger Course at Fort Benning, GA, in November 1951.  Therefore, his DD Form 214 should be corrected to show this training course.

3.  The evidence of record shows he completed 1 year, 8 months, and 17 days of foreign service in Korea from on or about November 1950 (subsequent to completing the Ranger Course) to on or about May 1952:
	a.  It appears he was assigned to the 319th Field Artillery Battalion at Fort Bragg, NC, for ourporcessing only and his branch was presumed to be artillery by virtue of assignment to an artillery battalion.

	b.  Given he completed Airborne and Ranger training, served with the 1st Ranger Infantry Company (Airborne) in Korea, and he was awarded the Combat Infantryman Badge, it appears his specialty and branch were infantry all along and he should have his DD Form 214 corrected as such.

BOARD VOTE:

___X____  ___X___  ___X____  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 amendment of the ABCMR’s decision in Docket Number AR20080015670, dated 10 February 2009, and AR20090005062, dated 1 September 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting from item 4 the entry "Arty" and adding the entry "Inf" to indicate his infantry branch
* Deleting from item 5 the entry "73044" and adding the entry "1345"
* Adding to item 30 the entry "Ranger Course, Fort Benning, GA, November 1951"



      _______ _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)                                         AR20100010127



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ABCMR Record of Proceedings (cont)                                         AR20100010127



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