IN THE CASE OF:	  

		BOARD DATE:	  31 November 2010

		DOCKET NUMBER:  AR20100013302 


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 show award of the Expert Infantryman Badge.

2.  He states for some unknown reason the above award was omitted from his DD Form 214.

3.  He provides his DD Form 214 and a news article from the "Stars and Stripes" magazine titled "Cavalry Soldiers Earn Expert Infantry Badge."

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 enlisted in the Regular Army on 14 January 1986 and he successfully completed basic and advanced individual training.  He was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).

3.  He arrived in Germany on 2 May 1986 and he was assigned to B Troop,
1st Battalion, 1st Cavalry where he performed duties as a gunner.

4.  He departed Germany on 6 June 1988.  On 7 June 1988, he was honorably released from active duty after completing 2 years, 4 months, and 24 days of total active service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Expert Infantryman Badge.

6.  There are no orders in the applicant's service personnel records awarding him the Expert Infantryman Badge.

7.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show award of the Expert Infantryman Badge.

8.  The applicant submitted a "Stars and Stripes" newspaper article that shows four of six members from B Troop, 1st Battalion 1st Cavalry earned the Expert Infantryman Badge.  The article further shows a photograph of four Soldiers and under the caption lists the applicant's name as one the recipients of the Expert Infantryman Badge.

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

The applicant provided a "Stars and Stripes" newspaper article that shows he was awarded the Expert Infantryman Badge.  However, there are no orders in the available records that verify he tested and was officially awarded the Expert Infantryman Badge.  Unfortunately, the newspaper article he provided alone is insufficient evidence to show he was awarded the Expert Infantryman Badge.

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)                                         AR20100013302



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ABCMR Record of Proceedings (cont)                                         AR20100013302



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