RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050017647


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 that his DD Form 214 (Report of Separation from
Active Duty) be corrected to show the award of the Expert Infantryman
Badge.

2.  The applicant states that he was awarded the Expert Infantryman Badge
on or about May 1963.

3.  The applicant did not provide any additional documentary evidence in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 January 1974.  The application submitted in this case
is dated
7 December 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 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 records show that he enlisted on 16 June 1961.  He
completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 11B10 (Infantryman).  The
applicant reenlisted on 13 December 1963 for a total of 6 years.  On 4
December 1967, the applicant was commissioned as a second lieutenant (2LT)
and remained on active duty until he was honorably released from active
duty and transferred to the U.S. Army Reserve Control Group, St. Louis on 9
January 1974.  He had completed a total of 12 years, 6 months, and 24 days
of active federal service.

4.  Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of his DD Form 214 does not show the award of the
Expert Infantryman Badge.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not
show award of the Expert Infantryman Badge.
6.  There are no orders in the applicant's records to show he was awarded
the Expert Infantryman Badge.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures for awards.  Paragraph 8-8, in pertinent part, provides for
award of the Expert Infantryman Badge.  It 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 he is entitled to award of the Expert
Infantryman Badge.

2.  There are no orders that show the applicant was awarded the Expert
Infantryman Badge.

3.  Although records show the applicant served on active duty as an
infantryman in an infantry unit, there is insufficient evidence in the
available records and the applicant did not provide sufficient evidence
which shows he satisfactorily completed the prescribed proficiency tests
while assigned or attached to an infantry unit of at least battalion size
and was awarded the Expert Infantryman Badge.  Therefore, there is
insufficient evidence to grant the request for award of the Expert
Infantryman Badge in this case.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 January 1974; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 8 January 1977.  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

__kan___  __cvm___  __ym____  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.



                                        Kathleen A. Newman
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017647                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060801                                |
|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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