IN THE CASE OF: 

		BOARD DATE:	    19 August 2014

		DOCKET NUMBER:  AR20140000185 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show completion of the Ranger School and award of the Ranger Tab.

2.  The applicant states he completed the Ranger School in 1969.  He subsequently served in Company C, 75th Rangers and earned his Ranger Tab.

3.  The applicant provides copies of:

* DD Form 214
* Letter from the Commander, 173rd Airborne Brigade, dated 27 April 1969
* Special Orders Number 229 (front page only), 173rd Airborne Brigade, dated 17 August 1969
* Special Orders Number 55, Fort Lewis, WA, dated 24 February 1970
* Letter from former platoon leader to the applicant’s commander, dated          13 February 1970

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 DA Form 20 (Enlisted Qualification Record) shows:

	a.  On 4 March 1968, the applicant was inducted into the Army of the United States.

	b.  On 27 July 1968, he was assigned as a student noncommissioned officer candidate.

	c.  On 23 October 1968, he was assigned as a student-ranger.

	d.  Special Orders Number 18, paragraph 37, U.S. Army Infantry School, awarded him the Ranger Tab.

	e.  In March 1969, he completed Ranger Training.

	f.  On 20 March 1969, the applicant departed Fort Benning, GA for duty in the Republic of Vietnam (RVN).

	g.  On 1 May 1969, the applicant was assigned to Company C (Ranger), 75th Infantry Regiment with duty as a patrol leader.

3.  On 25 February 1970, the applicant was released from active duty.  He had attained the rank of staff sergeant, pay grade E-6 and had completed 1 year, 
11 months, and 22 days of creditable active service.  His DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), lists his awards as:

* NDSM (National Defense Service Medal)
* SPS M-14 (Sharpshooter Marksmanship Qualification Badge with Rifle Bar)
* PCHT BDGE (Parachutist Badge)
* VCM (Vietnam Campaign Medal with 1960 Device)
* VSM (Vietnam Service Medal)
* AM (Air Medal)
* ARCOM (Army Commendation Medal)
* BSM (Bronze Star Medal)
* GCMDL (Good Conduct Medal)
* Combat Infantryman Badge
4.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods:  the Tet 69 Counteroffensive, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that Company C (Ranger), 75th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 11, dated in 1973 for award of the Valorous Unit Award; DAGO Number 51, dated in 1971 for award of the RVN Gallantry Cross with Palm Unit Citation; and DAGO Number 5, dated in 1973 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.

	a.  It provided that all decorations, medals, commendations, citations and campaign ribbons as shown on the DA Form 20 were to be entered in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

	b.  It provided for entry of service schools, including major courses which were successfully completed during the period of the DD Form 214.  For enlisted personnel, enter installation training courses (qualification courses) successfully completed during the period of the DD Form 214 being prepared.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show completion of Ranger training and award of the Ranger Tab.

2.  The available records show the applicant completed Ranger training in May 1969 and he was awarded the Ranger Tab by the U.S. Army Infantry School.

3.  Records show the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


4.  Records also show the applicant’s unit was cited in general orders for the:

* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 the "VSM" and "None" from the Education and Training Completed block;

	b.  adding: "Ranger Training, March 1969"; and

	c.  showing his additional awards as:

* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Ranger Tab



      _______ _ 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)                                         AR20140000185



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ABCMR Record of Proceedings (cont)                                         AR20140000185



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