RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      5 October 2006
      DOCKET NUMBER:  AR20060003645


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Scott W. Faught               |     |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, that the Expert Infantryman Badge
and a jungle expert patch be added to his DD Form 214, Certificate of
Release or Discharge from Active Duty.

2.  The applicant states, in effect, that these awards do not appear on his
DD Form 214 and he trained hard for them.

3.  The applicant provided a copy of a letter addressed to him from the
National Personnel records Center (NPRC) in reply to his inquiry about
these awards.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 15 November 1985, the date he was discharged from the Army for
physical disability with severance pay.  The application submitted in this
case is dated 23 February 2006 but was received for processing on 10 March
2006.

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 enlisted in the US Army Reserve/Delayed Entry Program on
17 July 1981.  On 3 September 1981, the applicant enlisted in the Regular
Army. Following completion of one station unit training at Fort Benning,
Georgia, he was awarded the primary military occupational specialty (MOS),
11B (Light Weapons Infantryman).

4.  The applicant was honorably discharged on 15 November 1985, under the
provisions of Army Regulation (AR) 635-40, Paragraph 4-24E (3), for
physical disability with severance pay.  He was discharged in the rank/pay
grade, Specialist Four/E-4.  On the date of his discharge, he had completed
4 years, 2 months, and 13 days active military service, with no lost time.

5.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), of his DD Form 214, shows that he was awarded the
Army Service Ribbon; the Overseas Service Ribbon; the Good Conduct Medal;
the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16
Rifle); the Expert Marksmanship Qualification Badge, with Dragon Gunner
Bar; the Expert Marksmanship Qualification Badge with Hand Grenade Bar; and
the Driver and Mechanic Badge, with Bar.  The jungle expert patch and the
Expert Infantryman Badge are not shown among his authorized awards.

6.  The applicant met the requirements outlined in AR 672-5-1, Paragraph 5-
9 and was awarded the Expert Infantryman Badge by Permanent Orders 33-3,
Headquarters, 193rd Infantry Brigade (Panama), dated 16 December 1983.

7.  There are no orders or a certificate of training in the applicant's
service personnel records to show he completed a jungle expert training
course and was awarded a jungle expert patch.

8.  AR 600-8-22, which superseded AR 672-5-1, prescribes Army policy and
procedures for awards.  In pertinent part, 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.

9.  Recondo, Raider, and Jungle Warfare Training Courses are conducted by
brigade and division-level units throughout the Army as local training
courses in combat skills.  The badges awarded upon satisfactory
completion of these courses are awarded in accordance with local
policies, which govern these training courses.  The Department of the
Army awards regulation does not govern these badges, and as a result,
they are not annotated on the DD Form 214, in accordance with AR 635-5.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Expert Infantryman
Badge after having satisfactorily met the criteria for its award; however,
it was omitted from the applicant's DD Form 214 when he was discharged.  He
is entitled to have this award added to his DD Form 214.

2.  Notwithstanding that there is an absence of orders or a certificate of
training in the applicant's service personnel records to substantiate his
allegation that he completed a jungle expert training course and was
awarded the jungle expert patch, these courses are conducted by brigade and
division-level units throughout the Army as local training courses and as
such, they are not authorized for entry on a Soldier's DD Form 214.  The
applicant is therefore not entitled to have an entry placed on his DD Form
214 to document his having earned a jungle expert patch.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 November 1985; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 November 1988.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JBG __  __MJF __  __SWF__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by adding the already-
awarded Expert Infantryman Badge to the applicant's DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
addition of a jungle expert patch to the applicant's DD Form 214.




                            ______James B. Gunlicks____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003645                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061006                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  158                 |107.0112                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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