IN THE CASE OF:	  

		BOARD DATE:  2 February 2012

		DOCKET NUMBER:  AR20110015375 


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 the DD Form 214 (Report of Separation from the Armed Forces of the United States) of her father, a deceased former service member (FSM) be corrected to show he was discharged as a first lieutenant (1LT)/O-2 and that he was a Ranger.

2.  The applicant states her father was a 1LT not a sergeant (SGT)/E-5 when he was discharged from the Army, and that he was also an Army Ranger.  She would like his DD 214 to show this information so that the footstone on his grave accurately reflects his service.

3.  The applicant provides a DD Form 214, two promotion certificates, and a copy of her birth certificate.

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 FSM's DD Form 4 (Enlistment Record - United States) shows he enlisted in the Regular Army and entered active duty, on 20 February 1951, as a private/E-1.  His DA Form 20 (Soldier's Qualification Record) shows:

	a.  he attended basic combat and advanced individual training at Fort Jackson, SC, from 6 March 1951 to 27 May 1951, and was awarded specialty number 1745 (Infantryman); 

	b.  he attended Ranger training at Fort Benning, GA, from 28 May 1951 to 
14 October 1951; 

	c.  he was assigned to Fort Campbell, KY from 23 October 1951 to 
10 February 1952; 

	d.  he was promoted to SGT on 28 January 1952; and

	e.  he attended the officer candidate school at Fort Benning, GA, from 
11 February 1952 to 24 July 1952 

3.  He was honorably discharged from active duty in the rank of SGT on 24 July 1952 for the convenience of the government.  His DD Form 214 for this period of service shows he completed 1 year, 5 months, and 4 days of creditable active service.  His DD Form 214 also shows in: 

* Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - the Parachutist Badge
* Item 30 (Service Schools or Colleges, College Training Courses and/or Post Graduate Courses Successfully Completed) completion of the Basic Airborne Course, Ranger Training Course, and Infantry Officer Candidate Course 

4.  An appointment letter dated 25 July 1952 shows he was appointed and commissioned as a U. S. Army Reserve (USAR) officer in the grade of second lieutenant (2LT)/O-1 on 25 July 1952.  He held specialty number 71542 (Jump Qualified Infantry Officer).  

5.  His WD AGO Form 66 (Officer's, Warrant Officer's, and Flight Officer's Qualification Record) shows he served at Fort Benning, GA, from 25 July 1952 to 2 May 1953, and in Japan, from 3 May 1953 to 9 October 1953.

6.  He was honorably released from active duty on 16 October 1953.  His DD Form 214 for this period of service lists his rank as 2LT.  He completed 1 year, 
2 months, and 22 days of creditable active service.  His DD Form 214 also shows in item 27, he received the United Nations Service Medal and the National Defense Service Medal.

7.  Subsequent to his release from active duty, he was appointed as a USAR commissioned officer in the grade of 1LT, on 24 July 1955.

8.  On 9 August 1962, by letter, Headquarters, II U. S. Army Corps, Camp Kilmer, NJ, notified him that he was ineligible for retention on an active status in the USAR because he did not meet the minimum requirement for retirement points for that year.  He was advised that he could apply for a waiver on an attached endorsement memorandum.  He completed the attached endorsement letter on 10 August 1962, and requested that he be discharged.

9.  On 22 August 1962, by letter, Headquarters, II U. S. Army Corps, Camp Kilmer, NJ, notified him that he was removed from the standby reserve and honorably discharged from his appointment as a reserve commissioned officer effective 22 August 1962.

10.  There is no indication he performed any periods of active duty between the date he was released from active duty and the date he was discharged from the USAR which would have warranted the issuance of a DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) states 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.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  A DD Form 214 will be prepared for selected categories of military personnel including Reserve Component Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service, and will include awards and decorations from all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The FSM completed two periods of active service and he was issued a separate DD Form 214 to capture each period.  He initially served in an enlisted status and he was discharged on 24 July 1952 in the grade/rank of SGT/E-5.  His enlisted rank is properly listed on this DD Form 214.

2.  He then completed a second period of active service as a commissioned officer and he was honorably released from active duty on 16 October 1953 in the grade/rank as 2LT/O-1.  His officer rank is also correctly shown on this DD Form 214.  He was not promoted to 1LT during his active service.

3.  It appears the applicant may not have a copy of the DD Form 214 for the FSM's second period of service; therefore, she should be provided with a copy of the DD Form 214 for the period ending on 16 October 1953.

4.  The applicant's contends that her father's status as a Ranger should be recorded on his DD Form 214.  A Soldier's status as a Ranger was recorded by listing Ranger training in item 30 of the DD Form 214 and listing the Ranger Tab in item 27 of the DD Form 214.

5.  The FSM's records show that he completed Ranger training.  Therefore, he is entitled to award of the Ranger Tab and to have it reflected in item 27 of the DD Form 214 which released him from active duty on 16 October 1953.  

6.  Additionally, his 214 for the period ending on 16 October 1953 did not include the awards he received during his first period of active duty; in addition to adding the Ranger Tab, the Parachutist Badge should also be added to item 27 of this DD Form 214.

7.  The FSM was ultimately discharged from the USAR on 22 August 1962.  Therefore, he is entitled to have a discharge certificate issued to show his proper grade/rank and date of discharge from the USAR.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X ___  ____X___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding the FSM the Ranger Tab
* adding to Item 27 of his DD Form 214 for the period ending 16 October 1953 the:

* Parachutist Badge
* Ranger Tab

* issuing the FSM an Honorable Discharge Certificate which shows he was honorably discharged from the U. S. Army Reserve on 22 August 1962 in the rank of first lieutenant
* providing the applicant with a copy of the FSM's DD Form 214 ending on 16 October 1953

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 correcting his DD Form 214 to show his rank as 1LT on his DD Form 214.



      __________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)                                         AR20110015375



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ABCMR Record of Proceedings (cont)                                         AR20110015375



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