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ARMY | BCMR | CY2014 | 20140014855
Original file (20140014855.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140014855 


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 he completed Ranger training.

2.  The applicant states this training is not listed on his DD Form 214.

3.  The applicant provides:

* Certificate of Training
* orders
* photographs
* DD Form 214

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed a majority of his records were lost or destroyed in that fire.  However, his DD Form 214 is available and he provides sufficient documents for the Board to conduct a fair and impartial review of this specific request.

3.  His DD Form 214 shows he was inducted into the Army of the United States on 10 November 1950.  He was honorably transferred to the Enlisted Reserve Corps on 27 August 1952.  Item 31 (Service Training Courses Successfully Completed) shows "None."

4.  In support of his request, he provides:

* Special Orders Number 98, issued by Headquarters, 45th Infantry Division, Camp Polk, LA, dated 29 September 1950, showing he was  reassigned to Fort Benning, GA for Ranger training
* Certificate of Training, issued by the U.S. Army Infantry School showing he completed Ranger training in 1951
* a newspaper article titled "10th Ranger Company (Airborne)" wherein the text and photograph shows him listed as one of the "U.S. Army First Berets" 

5.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth the requirements for award of the Ranger Tab.  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.

6.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

7.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

8.  Special Regulation 615-360-1 (Separation of Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required.  Paragraph 13 (Preparation of Report of Separation from the Armed Forces of the United States) states for item 30 to enter service schools, including dates and major course, which an individual completed satisfactorily.  This entry also includes military-sponsored courses completed in civilian schools and colleges during period covered by the report of separation being prepared.  For item 31 (Service Training Courses Successfully Completed), enter such installation training courses (qualification courses), military correspondence courses, and off-duty courses the individual completed successfully.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he attended and completed Ranger training.

2.  It appears that after completing the basic course for his military occupational specialty he volunteered for Ranger training.  The available evidence shows he completed Ranger training in 1951.  The specific dates of the training could not be determined with the available evidence.  Therefore, his DD Form 214 should be corrected to show this training and he is entitled to have the Ranger Tab shown on his DD Form 214.

3.  He completed a period of service qualifying for award of the National Defense Service Medal and Republic of Korea War Service Medal.  Therefore, he is also entitled to correction of his DD Form 214 to show these awards.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.   

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  adding the Ranger Tab, National Defense Service Medal, and Republic of Korea War Service Medal to item 27 of his DD Form 214 and

     b.  adding the entry "Ranger Training, 1951" to item 31 of 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)                                         AR20140014855





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ABCMR Record of Proceedings (cont)                                         AR20140014855



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