RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 September 2005
      DOCKET NUMBER:  AR20040011772


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Expert Infantryman
Badge (EIB).

2.  The applicant states, in effect, he is eligible for the EIB based on
his completion of infantry advanced individual training and the infantry
leadership academy.  He claims he was transferred out of the infantry due
to a profile limitation after he had satisfied the requirements to receive
the EIB.  He also states some arms qualification awards based on his
Pistol, Machine Gun, Rocket Launcher and Carbine qualifications are missing
from his record.

3.  The applicant provides a Separation Document (DD Form 214) and Enlisted
Qualification Record (DA Form 20) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 24 January 1968.  The application submitted in this case
is dated
14 December 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows he enlisted in the Army and entered active
duty on 25 January 1965.  He attended the Leadership Academy at Fort Dix,
New Jersey from 12 April through 28 June 1965, and was transferred to
advanced individual training (AIT) in military occupational specialty (MOS)
76A (Supply Specialist) on 29 June 1965.

4.  The applicant’s DA Form 20 shows he was awarded MOS 76A on 29 July 1965
and MOS 64C (Truckmaster) on 25 November 1967.  Item 38 (Record of
Assignments) shows he served overseas in Germany from 15 November 1965
through 22 December 1967, performing duties in MOSs 76A and 64C.

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he
earned the following awards during his tenure on active duty:  National
Defense Service Medal (NDSM), Driver Badge with W Bar, Army Good Conduct
Medal (AGCM), and Sharpshooter Qualification Badge with Rifle Bar.  Item 48
(Date of Audit) shows the applicant last audited the DA Form 20 on 20
December 1968.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
orders, or other documents indicating the applicant completed the
requirements for, or was awarded the EIB, or that he qualified with the
Pistol, Machine Gun, Rocket Launcher, or Carbine, or received Marksmanship
Badges for these weapons.

7.  On 24 June 1968, the applicant was honorably separated after completing

3 years of active military service.  The DD Form 214 he was issued confirms
he held the rank of sergeant and the MOS 64C on the date of his separation.
 It further shows that during his active duty tenure, he earned the AGCM,
NDSM, Drivers Badge with W Bar and Sharpshooter Qualification Badge with
Rifle Bar.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  Chapter 8 contains the policy for awarding Badges and Tabs of
United States Origin.  Paragraph 8-8 contains guidance on awarding the EIB.
 The regulation stipulates that in order to qualify for the EIB, a
candidate must be in an active Army status and must possess a primary MOS
in career management field 11 (Infantry).  Further, a member must meet all
prerequisites and proficiency tests prescribed by the United States
Infantry Center by testing with an infantry unit of at least battalion
size.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was qualified to receive the EIB and
additional marksmanship qualification badges was carefully considered.
However, there is insufficient evidence to support this claim.

2.  The applicant’s DA Form 20 and MPRJ are void of any entries or
documents showing he ever qualified to receive the EIB, or marksmanship
badges for any of the weapons he listed.  Further, his record confirms he
never held an infantry MOS, or completed the EIB testing requirements.
Attendance at an infantry leadership school alone does not satisfy the
prerequisites necessary to support award of the EIB.  Therefore, there is
an insufficient evidentiary basis to support granting the requested relief.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, 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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 January 1968.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 23 January 1971.  He failed to file within the 3-year statute of
limitations and fails to provide a compelling explanation or evidence
showing it would be in the interest of justice to excuse failure to timely
file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SLP _  ___RLD__  __JRM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ___Shirley L. Powell____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011772                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/01/24                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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