RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          6 December 2005
      DOCKET NUMBER:  AR20050003263


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard Ingold                |     |Chairperson          |
|     |Mr. Donald Steenfott              |     |Member               |
|     |Mr. Edward Montgomery             |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Expert Infantryman Badge.

2.  The applicant states he was in the correct military occupational
specialty (MOS) and met the criteria for the badge.

3.  The applicant provides orders, dated 9 July 1969, awarding him primary
MOS 11B (light weapons infantryman); a certificate of training for
completion of advanced individual training (AIT) in MOS 11B; and a copy of
his DD Form 214.
CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
4 March 1971.  The application submitted in this case is dated 22 February
2005.
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 limitation 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 was inducted on 10 March 1969.  He successfully completed
basic combat training and AIT in MOS 11B.  He was transferred to Germany on
15 August 1969 and assigned to Battery C, 4th Battalion, 6th Artillery.  On

23 October 1969, primary MOS 11B was withdrawn and the applicant was
awarded primary MOS 16C (fire control operator) and awarded secondary MOS
11B.  On 30 December 1969, the applicant was assigned to Battery A, 5th
Battalion of the 1st Artillery in Germany.  He was transferred back to the
United States on 28 February 1971 and released from active duty on 4 March
1971.

4.  The applicant's DD Form 214 does not show the Expert Infantryman Badge
as an authorized award.

5.  There are no orders for the Expert Infantryman Badge in the applicant's
service personnel records.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures for awards, and paragraph 8-8 provides for award of the Expert
Infantryman Badge.  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.  Although the applicant was awarded and held an infantry MOS, there is
no evidence of record which shows he completed the prescribed proficiency
tests while assigned or attached to an infantry unit of at least battalion
size.  Therefore, there is insufficient evidence on which to base award of
the Expert Infantryman Badge in this case.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 4 March 1971; therefore, the time for the applicant
to file a request for correction of any error expired on 3 March 1974.  The
applicant did not file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that 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

BI______  _DS_____  EM______  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.




            ___Bernard Ingold_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003263                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051206                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0112                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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