BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150013619 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ _x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150013619 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision set forth in Docket Number AR20100025262, on 19 April 2011. __________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. BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150013619 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: The applicant defers his request for reconsideration to counsel. COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests reconsideration of the applicant's earlier request for award of the Ranger Tab for his service during the Korean War. 2. Counsel states a. The applicant's case was previously considered on 5 August 2014 and relief was denied. This request is submitted within one year and is based upon both new evidence and new argument. His review of the decisional document in this case indicates that the Board erred in describing the law and regulations pertaining to Ranger Tabs from the Korean War. The Board in another publicly available Army Board for Correction of Military Records (ABMCR) case, ABCMR Docket Number 20060003891, dated 12 October 2006, accurately described the regulations. If the Board were to apply similar analysis from ABCMR Docket Number AR20060003891 to this case, relief would be granted. b. The applicant was assigned to the Eighth Army Ranger Company (8213) from 25 October 1950 until 30 November 1950. Eighth Army Ranger Company was assigned to the 25th Infantry Division. The applicant's service in the 25th Infantry Division is memorialized in the DD Form 214 (Report of Separation from the Armed Forces of the United States). The original decisional document in this case acknowledged the morning reports previously submitted showing his service with Company K, 35th Infantry Regiment - which fell under the 25th Infantry Division. The fighting was so arduous that there were only 22 surviving members of the unit. He has provided 5 affidavits substantiating his service in the unit. He also provided morning reports from the unit to which he was transferred in December 1950. c. He served with the Rangers up until 30 November 1950. He fought at the legendary battle of Hill 205 in which there were 22 survivors. On 1 December 1950, the applicant, then a private first class (PFC), was transferred to B Company, 35th Infantry Regiment. On 20 December, he was transferred to K Company. By 1 January 1950, he had received the Combat Infantryman Badge for his fighting with the Rangers in November. d. It should be noted that there was a factual error in the original decisional document. In paragraph 4 of the Record of Proceedings (ROP) it refers to the morning report as a 21 November 1950 report. In reality, it is a 20 December 1950 morning report reflecting that PFC [Applicant] had been transferred from B Company to K Company as noted above. e. In the case of ABCMR Docket Number AR 2003089426, this Board provided a history of the Eighth Army Ranger Company during the Korean War. It was a part of the 25th Infantry Division advance into North Korea in October and November 1950. ABCMR Docket Number AR2003089426 was a case involving a request for the Combat Infantryman Badge. The Board granted relief on the basis of affidavits. Like that case, the applicant here has provided affidavits. Of the history of the Ranger Company, this Board wrote: Information obtained from the Center for Military History at web site www.army.mil/cmh-rig/default.htm reveals that General Order 237, Headquarters, Eighth Army, dated 24 August 1950, organized and officially designated the unit the 8th Army Ranger Company. The unit was authorized three officers and 73 enlisted men. The unit was formed of volunteers in Japan and commanded by First Lieutenant Puckett. The unit arrived in Pusan, Korea, on 2 September 1950. On 8 October 1950, Headquarters, Eighth Army General Order 106 changed the unit designation to Eighth Army Ranger Company, 8213th Army Unit (AU). The company's heaviest action was with Task Force Dolvin when the Chinese launched a major attack on 25 and 26 November 1950 against the task force and the Ranger Company. The commander was wounded three times and fought off six attacks before being overrun. The company strength at that time totaled 58 men and 28 became casualties in that action. The company was deactivated on 28 March 1951." f. It is important to note that the applicant did earn the Combat Infantryman Badge. A copy of his DD Form 214 is included that reflects his Combat Infantryman Badge. This Board erred in reviewing the regulations pertaining to the Ranger Tab in that it relied only upon Army Regulation (AR) 600-8-22 (Military Awards). That regulation was not in existence during the Korean War. His review of the regulatory guidance indicates that the Army Chief of Staff approved the tab for wear on 30 October 1950. The regulatory guidance in the current AR 600-8-22 has changed over time. The original regulation at the time was AR 600-70 (Awards), dated 23 January 1953, Change 2. It does seem clear that the applicant was authorized to wear the tab in 1950 (underlined emphasis added). The original Army regulations from 1950 are no longer kept at the National Archives in Washington DC -though he (counsel) personally made a trip to the archives. g. He also notes that in ABCMR Docket Number AR 20060003891, this Board granted relief for a Soldier in the 8th Army Ranger Company from 25 August 1950 to 25 March 1951 - just months before applicant. Other than the exact dates, the facts are indistinguishable. In that case, this Board noted that on 24 September 1985, the Chief, Military Awards Branch wrote that "[b]ased upon a review by and advice from the Director of the Ranger Department, former members of the 8th Army Ranger Company who were awarded the Combat Infantryman Badge are now eligible for award of the Ranger Tab. Award of the Combat Infantryman Badge must have resulted from service with the 8th Army Ranger Company during the period 11 October 1950, through 27 March 1951." The analysis from ABCMR Docket Number AR 20060003891 is indeed applicable to the present case. h. The applicant requests this Board grant him the relief granted in Docket Number AR 20060003891 and the ability to properly wear the tabs that he has earned. His combat service in the Korean War is well documented. 3. Counsel provides: * DD Form 214 and two DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) * Honorable Discharge Certificate * Certificate for award of the Bronze Star Medal * ABCMR Docket Number AR2003089426, dated 20 November 2003 * ABCMR Docket Number AR20060003891, dated 12 October 2006 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records, which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130020557, on 22 July 2014. 2. The applicant does not meet the criteria for a request for reconsideration because his request was not received within 1 year of the Board's original decision. The Board's decision is dated 22 July 2014 and his current request is dated 4 August 2015. However, in view of his new argument, and as an exception to policy, his request warrants consideration by the Board. 3. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 4. The applicant's DD Form 214 shows he enlisted in the U.S. Army Reserve (USAR) and served in the inactive USAR from 23 December 1949 to 25 September 1950. He was ordered to active duty on 26 September 1950 at Forks Village, MA. 5. His DD Form 214 also shows at the time of his separation, he held military occupational specialty 4745 (Automatic Rifleman) and was assigned to Company K, 35th Infantry Regiment. 6. He was honorably separated on 24 July 1951 and transferred to the USAR for completion of his required service. He completed 1 year, 7 months, and 2 days of active service, of which 8 months and 6 days was foreign service. His DD Form 214 shows in: * Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded/authorized * Korean Service Medal with two bronze service stars * Purple Heart, by General Orders (GO) Number 6, issued by Headquarters, 35th Infantry Regiment on 21 March 1951 * Combat Infantryman Badge, by Special Orders (SO) Number 1, issued by Headquarters, 35th Infantry Regiment on 21 March 1951 * Item 29 (Wounds Received as a Result of Action with Enemy Forces), he sustained shrapnel wounds to his right foot and right index finger on 11 March 1951 7. A Morning Report, dated 10 March 1951, shows the applicant was hospitalized on 7 March 1951 for being lightly wounded in action in Korea. 8. On 3 August 2004, following his petition to this Board for additional awards, the Board, in ABCMR Docket Number AR2004103175, granted him partial relief. The Board: * denied an additional service star to be affixed to his Korean Service Medal * corrected the date of his first injury from 21 March 1951 to 7 March 1951 and added a second injury on 25 May 1951 * awarded him a second award of the Purple Heart for wounds received in action on 25 May 1951 9. On 30 September 2004, following a supplemental review of his morning reports and a previous decision by the U.S. Army Human Resources Command (HRC), the Board, in ABCMR Docket Number AR20040007425, granted him relief and he was issued a DD Form 215 that reflected the above corrections as well as: * adding a third service star to be affixed to his Korean Service Medal * corrected the date of his second injury from 25 May 1951 to 21 May 1951 10. On 3 August 2007, as a result of his petition to HRC, he was issued a DD Form 215 that added the: * Bronze Star Medal with "V" Device * Republic of Korea - Korean War Service Medal 11. On 15 August 2012, he submitted a request to the Board to correct his records to show/include that he was transferred to B Company, 35th Infantry Regiment, 25th Infantry Division. A staff member advised him on 29 November 2012, in ABCMR Docket Number AR20120016917, that that the ABCMR was not the custodian of his records and that he should contact the National Personnel Records Center. 12. On 22 July 2014, following his petition to this Board for additional awards and/or corrections, the Board, in ABCMR Docket Number AR20130020557, denied him relief. The Board: * denied the Ranger Tab and additional bronze service stars * denied a change to his most significant duty assignment from Company K, 35th Infantry Regiment, to 8th Army Ranger Company 8213 and Company B, 35th Infantry Regiment, 25th Infantry Division 13. In his previous submission, he submitted a similar argument to the one made by his counsel, as well as: a. Morning Report for Company K, 35th Infantry Regiment, dated 21 November 1950. b. Morning Report for Company B, 35th Infantry Regiment, dated 1 December 1950, which shows he was assigned to that unit. c. 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. d. 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 Chong Chon River which resulted in 41 of the 51 Rangers becoming casualties. e. Information on the Ranger Tab which described the appearance of the award and its eligibility criteria. f. Permanent Orders 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, while serving with Company K, 35th Infantry Regiment, 25th Infantry Division. 14. In his current submission, counsel draws a comparison between the applicant's service and that of another applicant, a commissioned officer who completed infantry and parachute training, who petitioned the ABCMR for award of the Combat Infantryman Badge for service during the Korean War with 8th Army Ranger Company, from 25 August 1950 to 1 March 1951. a. The Board in ABCMR Docket Number AR200308946 granted relief. The Board determined there was sufficient evidence to support awarding the applicant in that case the Combat Infantryman Badge and Ranger Tab. The applicant provided documentary evidence (from his former commander, now a retired colonel, and member of the Ranger Hall of Fame) and the official records confirmed: * he served in Korea from 31 August 1950 to 28 March 1951 * he was assigned to the 8th Ranger Company * GO Number 237, issued by Headquarters, 8th Army organized the 8th Ranger Company * On 8 October 1950, the name was changed to 8th Army Ranger Company, 8213rd Army Unit b. The Board in ABCMR Docket Number AR20060003891 granted partial relief in that it determined there was sufficient evidence to award that applicant the Ranger Tab and credit for completion of ranger training. The Board denied completion of Ranger School. The applicant provided documentary evidence (from his former commander) and a roster of personnel assigned to the 8th Ranger Company, and the official records confirmed: * he served in Korea and was awarded the Combat Infantryman Badge * he was assigned to the 8th Army Ranger Company, 8213rd Army Unit REFERENCES: 1. AR 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. 2. AR 607-70 (Badges), dated 24 September 1951 governed badges at the time. a. Paragraph 13 authorized award of the Combat Infantryman Badge. The individual must be an infantry officer or enlisted man, or a warrant officer with infantry military occupational specialty who, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry unit of regimental or smaller size during any period such unit was engaged in active ground combat. Awards may be made to assigned members of ranger infantry companies assigned or attached to tactical infantry organizations. Battle participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. b. Change Number 2, dated 23 January 2013, authorized the Commandant of the Infantry School to award the Ranger Tab upon successful completion of company grade Ranger courses. DISCUSSION: 1. The applicant is not eligible for award of the Ranger Tab because he was neither trained as a Ranger nor assigned to the 8th Army Ranger Company at the time. He was assigned to Company K, 35th Infantry Regiment, 25th Infantry Division. 2. Unlike the applicant, the two Soldiers who were awarded the Ranger Tab via their petitions to this Board clearly demonstrated their assignment to the 8th Army Ranger Company. 3. The applicant does not meet the criteria in either AR 600-70 (cited by counsel) or AR 600-8-22, currently in effect. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013619 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013619 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2