IN THE CASE OF:	

		BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090014152 


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 (Certificate of Release or Discharge from Active Duty) to include the Expert Infantryman Badge.

2.  The applicant states that the Expert Infantryman Badge was erroneously omitted from his DD Form 214.

3.  The applicant indicates that he is providing a copy his actual award of the Expert Infantryman Badge; however, he failed to do so.

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.  On 31 October 2002, the applicant enlisted in the Regular Army (RA) in Gahanna, Ohio, for 3 years in the pay grade of E-2.  He successfully completed his training as an infantryman and he reenlisted in the RA for 5 years on 8 December 2004.

3.  After completing 2 years, 11 months, and 26 days of net active service this period, the applicant was honorably discharged on 26 October 2005 under the provisions of Army Regulation 635-200, chapter 13, due to unsatisfactory performance.

4.  The DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal.

5.  A review of the available records fails to show that any orders were ever published awarding the applicant the Expert Infantryman Badge while he was in the Army.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures for awards.  Paragraph 8-8 provides for award of the Expert Infantryman Badge.  The regulation states, in pertinent part, that award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or Special Forces specialty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to include the award of the Expert Infantryman Badge.

2.  His contentions have been noted.  However, his contentions are not supported by the evidence of record.

3.  There is no evidence in the available records, nor has the applicant submitted any evidence, to show that orders were ever published awarding him the Expert Infantryman Badge or that he satisfactorily completed the prescribed proficiency tests for award of the Expert Infantryman Badge.  Therefore, his DD Form 214 cannot be corrected to include the Expert Infantryman Badge.

4.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090014152



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ABCMR Record of Proceedings (cont)                                         AR20090014152



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