IN THE CASE OF:	  

		BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110012736 


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 (Report of Separation from the Armed Forces of the United States) to show award of the Ranger Badge.  [His request is interpreted as a request for the Ranger Tab.]  He further requests correction of his last duty assignment to show it was with Company G, 187th Airborne.

2.  The applicant states he surmises these errors were overlooked by the administrative personnel when they prepared the DD Form 214.

3.  The applicant provides copies of his DD Form 214; his Honorable Discharge Certificate dated November 1956; a recently published newspaper article, and a roster of the 3rd Ranger Infantry Company.

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, the applicant has provided sufficient documents to conduct a fair and impartial review of this specific request.

3.  The applicant's DD Form 214 shows:

	a.  he was inducted into the Army of the United States on 1 November 1950;

	b.  he served in the Republic of Korea (ROK);

	c.  he received the Combat Infantryman Badge, Korean Service Medal with three bronze service stars, United Nations Service Medal, Parachutist Badge, Army of Occupation Medal with Japan Clasp;

	d.  he was assigned to Company G, 18th Airborne (his most significant duty assignment);

	e.  he attained the rank of sergeant;

	f.  he completed leadership training during February-March 1951 at Camp Breckinridge, Kentucky;

	g.  he was released from active duty on 18 November 1952 and transferred to the Enlisted Reserve Component; and

	h.  he had completed 2 years and 18 days of creditable active duty service.

4.  The applicant provides a newspaper article; wherein, the text and photographs show:

	a.  he had been assigned to the "all-black" 2nd Ranger Company for training;

	b.  he was training to be a ranger during what amounted to be a three-hour crash course;

	c.  he had made three qualifying parachute jumps;

	d.  he was subsequently "put in an all-white ranger unit"; and
	e.  he is shown in a photo in his uniform with an Airborne Ranger Tab on his right shoulder.

5.  Army Regulation 600-8-22 (Military Awards):

	a. The Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command.  It is also awarded to any person who was awarded the Combat Infantryman Badge while serving in World War II as a member of a Ranger Battalion (1st to 6th inclusive) or in the 5307th Composite Unit (Merrill’s Marauders); and

	b.  The basic Parachutist Badge is awarded for satisfactorily completion of 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.

6.  Army Regulation 635-5 (Separation Documents), as in effect at the time, required an entry in Item 28 (Most significant Duty Assignment) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the Ranger Tab and that his last duty assignment was with Company G, 187th Airborne.

2.  The applicant's DD Form 214 does not indicate that he had completed any airborne or ranger training.  It does indicate that his most significant assignment was with the 18th Airborne and that he served in the ROK.

3.  The governing regulation provides for award of Parachutist Badge based on completion of at least one combat jump.  The applicant's reported jumps while in the ROK, as stated in the newspaper article, could have met this requirement to qualify him for award of the Parachutist Badge.

4.  However, the regulatory requirements for award of the Ranger Tab are much more demanding.  It is unlikely that his 3-hour crash course with the 2nd Ranger Company fulfilled the criteria for award of the Ranger Tab.  It could be that he was temporarily authorized to wear the Ranger Tab while assigned to a ranger unit in the ROK.


5.  The applicant's military records are not available for review.  Therefore, his assignment history is not known.  Furthermore, there is no evidence showing he had not been assigned to Company G, 187th Airborne before or after an assignment to Company G, 18th Airborne.  Accordingly, a determination regarding his most significant assignment, or last assignment, cannot be made without additional documentary evidence.

6.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20110012736





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ABCMR Record of Proceedings (cont)                                         AR20110012736



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