BOARD DATE:	  17 September 2013

		DOCKET NUMBER:  AR20130001729 


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 records to shows award of the Ranger Tab.

2.  The applicant states he received Ranger training, completed reconnaissance missions, and served with Ranger units in Vietnam.  His records show he was assigned to the following units:

* Company K, 75th Infantry, 4th Infantry Division
* Company F, 75th Infantry (Rangers), 25th Infantry Division
* Company H, Infantry (Rangers), 1st Calvary Division (Airmobile)

3.  The applicant provides page 3 of his DA Form 20 (Enlisted Qualification Record), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), two newspaper articles, and the Ranger Tab award criteria.

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 enlisted in the Regular Army on 28 February 1968 for a period of 3 years.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20, coupled with his DA Form 2-1 (Personnel Qualification Record), show in:

   a.  item 31 (Foreign Service) and item 5 (Oversea Service):  Vietnam from:

* 9 December 1968 through 8 December 1969
* 5 August 1970 through 19 February 1971

   b.  Item 38 (Record of Assignments):

* Rifleman - Company A, 1st Battalion, 8th Infantry, 4th Infantry Division, from 14 December 1968 through 16 April 1969
* Rifleman - Company F, 1st Battalion, 8th Infantry, 4th Infantry Division, from 17 April through 18 August 1969
* Rifleman with duty Long-Range Reconnaissance Patrol - Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division, from 
19 August through 6 October 1969
* Senior Scout Observer - Company K (Ranger), 75th Infantry,
4th Infantry Division, from 7 October through 5 December 1969
* Automatic Rifleman - Company A, 4th Battalion, 11th Infantry, 
25th Infantry Division, from 6 August 1970 through 12 September 1970
* Automatic Rifleman - Company F, 75th Infantry (Rangers),
25th Infantry Division, from 13 September through 28 November 1970
* Automatic Rifleman - Company H, 75th Infantry Platoon (Rangers), 
1st Calvary Division (Airmobile), from 29 November 1970 through
   16 February 1971

   c.  item 27 (Military Education) and item 17 (Civilian Education and Military Schools) do not show he completed Ranger training; and

   d.  item 44 (Award and Decorations) and item 9 (Awards, Decorations and Campaigns) do not list the Ranger Tab.

4.  The applicant's DD Form 214 shows he entered active duty on 28 February 1968, he was honorably released from active duty on 20 February 1971, and transferred to the U.S. Army Reserve Control Group (Annual Training).  He 
completed 2 years, 11 months, and 23 days of net active service that included 
1 year, 6 months, and 15 days of foreign service.

   a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Ranger Tab.

   b.  Item 25 (Education and Training Completed) does not show Ranger training.

5.  A review of the applicant's military records failed to reveal any evidence that he completed Ranger training or that he was awarded the Ranger Tab.

6.  In support of his request, the applicant provides two newspaper articles (the source of publication and dates are not identified) that show:

   a.  the applicant was awarded the Combat Infantryman Badge and the Army Commendation Medal for heroism; and

   b.  he was stationed at Cu Chi in Vietnam; assigned to Company F, 
75th Infantry (Rangers); there were 121 volunteers in the unit that operated in teams to gather information about the enemy's strength, location, and movements; and he returned home in late February (1971).

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It shows 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 at Fort Benning, GA.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was assigned to several Ranger units and he successfully performed his assigned duties in Vietnam.

2.  The governing Army regulation is clear that award of the Ranger Tab is based upon successful completion of a Ranger course conducted by the U.S. Army Infantry School or the Ranger Training Command.

3.  There is no evidence of record that shows the applicant completed Ranger training or that he was awarded the Ranger Tab.
4.  Therefore, based on the available evidence, there is an insufficient evidentiary basis to grant the applicant's requested relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X______  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _ 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)                                         AR20130001729



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ABCMR Record of Proceedings (cont)                                         AR20130001729



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