IN THE CASE OF: 

		BOARD DATE:	    22 July 2014

		DOCKET NUMBER:  AR20130020557 


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 in:

* Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the Ranger Tab and an additional bronze service star
* Item 28 (Most Significant Duty Assignment) – "the 8th Army Ranger Company 8213 and Company B, 35th Infantry Regiment, 25th Infantry Division"

2.  The applicant states:

   a.  Due to the loss of records at his separation on 24 July 1951 all awards and the units he served with during the Korean War were omitted.  He earned the Ranger Tab and one additional bronze service star and they are not listed on his DD Form 214.  The fire in 1973 at the National Personnel Records Center (NPRC) caused further injustice in gathering evidence to support his military records over the years.

   b.  He was assigned to the 8th Army Ranger Company 8213 from 25 October through 30 November 1950.  The unit was attached to the 25th Infantry Division. Between 24 and 27 November 1950 the Chinese Forces annihilated the unit.  The number of Ranger members on or about 15 November 1950 totaled 62.  On 27 November 1950, only 22 Rangers survived the ordeal and were withdrawn as a combat force.
   c.  On 1 December 1950, he was reassigned to Company B, 35th Infantry Regiment, 25th Infantry Division, as shown in the Morning Report from Company B on that date.  During his service with this unit from 25 October through 30 November 1950 he earned the Ranger Tab and an additional bronze service star for the period.  His DD Form 214 does not include his service in the service data or the award.

   d.  Constant efforts over the years to resolve this issue to obtain records of the unit (Ranger) or surviving Ranger members (22) resulted in the same response from the NPRC for morning reports or rosters of the 8th Army Ranger Company 8213 of "Unable to identify morning reports or rosters for the 8th Army Ranger Company 8213, Korean War, from October to December 1950."

   e.  Based on the foregoing, his only alternative was to contact surviving members through the internet to obtain affidavits to certify by statements that he was a member of the unit in November 1950.  He arrived at Ranger Hill in Korea on 25 October 1950 and arrived at Ranger Company 8213 on 6 November 1950.

   f.  He realizes Ranger members were few to begin with, but in his efforts he was able to obtain the attached statements from five surviving Rangers.  The affidavits verify the dates he was assigned to the unit during the Korean War.  

   g.  He was assigned to Company B, 35th Infantry Regiment, 25th Infantry Division from 1 through 21 December 1950 from the Ranger Company.  Early in the month of December the unit was annihilated by Chinese Forces to a greater extent than the Ranger Company.  The casualties inflicted reduced Company B from a unit of 200 men to only a 26-member unit as of 10 December 1950.  All remaining members were reassigned to Company K on 21 December 1950.  His service with Company B is not listed on his DD Form 214 ending on 24 July 1951.

   h.  He will always be thankful for the Army Board of Correction of Military Records (ABCMR) correcting his records under Docket Number “AR2004413175.”

3.  The applicant provides copies of the following:

* four Morning Reports for Companies B and K, the 35th Infantry Regiment
* DD Form 214
* ABCMR Record of Proceedings (ROP)
* ABCMR Supplemental ROP


* Permanent Orders (PO) Number 215-16
* Bronze Star Medal certificate
* two DD Forms 215 (Correction to DD Form 214)
* letter from the NPRC
* five affidavits
* Information of the 8th Army Ranger Company and Ranger Tab

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 complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the NPRC in 1973.  It is believed his records were destroyed in that fire.  However, there are sufficient documentation contained in a reconstructed record and those submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available records show he was ordered to active duty from the U.S. Army Reserve (USAR) and entered active duty on 26 September 1950.  He served as a rifleman.  He served overseas in Korea for 8 months and 6 days (the inclusive dates of service in Korea are not available.)

4.  He provided copies of the following:

* Morning Report for Company K, 35th Infantry Regiment, dated 21 November 1950
* Morning Report for Company B, 35th Infantry Regiment, dated 1 December 1950, which shows he was assigned to that unit   



5.  He was released from active duty on 24 July 1951 and was transferred to the USAR.  His DD Form 214 lists in:

* Item 27 – Purple Heart, Combat Infantryman Badge, and Korean Service Medal with one bronze service star
* Item 28 – Company K, 35th Infantry Division
* Item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Courses Successfully Completed) – left blank
* Item 31 (Service Training Courses Successfully Completed) – None

6.  The available record is void of a Ranger Course certificate or any evidence showing the applicant completed this course during his period of service.

7.  He also provided copies of the following:

   a.  An ABCMR ROP, dated 3 August 2004, and an ABCMR Supplemental ROP, dated 30 September 2004, which pertain to his previous two requests for correction of his military record.

   b.  A DD Form 215, dated 29 July 2005, which corrected his 1951 DD Form 214 to list in:

* Item 27 – the Purple Heart with 1st Oak Leaf Cluster, Korean Service Medal with three bronze service stars
* Item 29 (Wounds Received in Action) – wounded in Korea on 7 March 1951 and 21 May 1951

   c.  PO Number 215-16 and certificate, dated 3 August 2007, awarding him the Bronze Star Medal with "V" Device for heroism in ground combat on 28 February 1951

   d.  A DD Form 215, dated 3 August 2007, which corrected his 1951 DD Form 214 to list the Bronze Star Medal with "V" Device.

   e.  Five Affidavits wherein each individual certified that they were members of the 8213 Ranger Company, 8th Army, during the Korean War, and it was attached to the 25th Division during the period indicated.  The individuals certified that the applicant was a member of the 8th Army from 6 November through 1 December 1950.


   f.  Information on the 8th Army Ranger Company which stated the unit was a Ranger light infantry company of the U.S. Army that was active during the Korean War.  As a small special forces unit, it specialized in irregular warfare.  The company went into action as part of the 25th Infantry Division during the United Nations advance into North Korea in October and November.  It was best known for its defense of Hill 205 against an overwhelming Chinese attack during the Battle of the Ch'ongch'on River which resulted in 41 of the 51 Rangers becoming casualties.

   g.  Information on the Ranger Tab which described the appearance of the award and its eligibility criteria.

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

   a.  The Ranger Tab is authorized for award to U.S. military and civilian personnel, and foreign military personnel who qualify as prescribed.  The basic eligibility criteria for award of the Ranger Tab are as follows:

		(1) Successful completion of a Ranger course conducted by the U.S. Army Infantry School.

		(2)  Any person who was awarded the Combat Infantryman Badge while serving during World War II as a member of a Ranger Battalion (1st-6th inclusive) or in the 5307th Composite Unit (Provisional) (Merrill’s Marauders).

		(3) Any person who successfully completed a Ranger course conducted by the Ranger Training Command at Fort Benning, GA.

   b.  A bronze service star is authorized for wear on the Korean Service medal to denote participation in a named campaign.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 28 – would list the unit of assignment at the time of separation; there were no provisions for listing all units of assignment during the period covered by the DD Form 214 on the form
* Items 30 - would list the service school(s) names, dates (from-to) attended, and the name(s) of the course(s) the Soldier successfully completed; there were no provisions for listing the duration of the course
* Item 31 – would list the name(s) of service training course(s) the Soldier successfully completed

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Ranger Tab, there is no evidence of record and the applicant provided none showing he met all the criteria for this award during his period of service.  Items 30 and 31 of his DD Form 214 does not list that he successfully completed a Ranger course or any service training courses during his period of active duty.  Therefore, he is not entitled to award of the Ranger Tab and its addition to his 1951 DD Form 214.

2.  With respect to award of an additional bronze service star, his 1951 DD Form 214 lists the Korean Service Medal with one bronze service star as an authorized award.  On 29 July 2005, a DD Form 215 was issued to add the Korean Service Medal with three bronze service stars to his DD Form 214 as result of ABCMR Docket Number AR20040007425.  Since his inclusive dates of service in Korea are not available, exact campaign participation cannot be determined.  Based on the foregoing, there is an insufficient evidentiary basis for awarding him an additional bronze service star and its addition to his DD Form 214.

3.  With respect to listing the 8th Army Ranger Company 8213 and Company B, 35th Infantry Regiment, 25th Infantry Division in item 28 of this DD Form 214,  notwithstanding the documentation submitted by the applicant, by regulation, item 28 would list the unit of assignment at the time of separation.  There are no provisions for listing all units of assignment for the period covered by the DD Form 214 on the form.

4.  In making this determination, the applicant should know that this no way diminishes the sacrifices made by him in service to our Nation.  He and all Americans should be justifiably proud of his service in arms.

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)                                         AR20130020557





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ABCMR Record of Proceedings (cont)                                         AR20130020557



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