RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2007
      DOCKET NUMBER:  AR20060010816


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 Enlisted Record and Report of
Separation (WD AGO Form 53-55) be corrected to show that he was awarded the
Expert Infantryman Badge (EIB).

2.  The applicant states that he earned the EIB and that not everyone was
good enough to qualify for award of the EIB; therefore, it has lots of
value.

3.  The applicant provides in support of his application an undated
handwritten document indicating that he was awarded the EIB.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 December 1946.  The application submitted in this case
is dated 24 July 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 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 military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from alternate sources.

4.  The applicant was inducted into the Army on 31 March 1945.  He
successfully completed his training and was awarded the military
occupational specialty of a supply sergeant.

5.  The applicant's Final Payment Work Sheet fails to show that the
applicant was receiving monthly supplement as a result of being award the
EIB.

6.  The applicant was honorably discharged on 30 December 1946, under the
provisions of Army Regulation 615-365, for the convenience of the
Government, as a result of demobilization.

7.  The WD AGO Form 53-55 that he was furnished at the time of his
discharge shows that he was awarded the Asiatic Pacific Service Medal, the
Army of Occupation Medal with Japan Clasp, and the World War II Victory
Medal.

8.  The applicant has submitted an undated handwritten document that
indicates that he received one of the most coveted honors given to member
of the Army ground forces, the EIB.  The document also indicates that the
EIB was awarded to him during special ceremonies at Camp Livingston,
Louisiana.

9.  War Department Circular 269-1943 established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide an
incentive to infantrymen.  The Expert Infantryman Badge was to be awarded
for attainment of certain proficiency standards or by satisfactory
performance of duty in action against the enemy.  The Combat Infantryman
Badge was awarded for exemplary conduct in action against the enemy.

10.  War Department Circular 186-1944 provided that the Combat Infantryman
Badge was to be awarded only to infantrymen serving with infantry units of
brigade, regimental or smaller size.  Additionally, World War II holders of
the Combat Infantryman Badge received a monthly pay supplement known as
combat infantry pay and holders of the Expert Infantryman Badge were
entitled to expert infantry pay.  Therefore, soldiers had economic as well
as intangible reasons to ensure that their records were correct.  Thus, pay
records are frequently the best available source to verify entitlement to
this award.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence fails to substantiate the applicant's contention
that he was awarded the EIB.

2.  The documentation that the applicant submitted in support of his
application has been noted.  However, the available documentation indicates
that the applicant served in the Army as a supply sergeant.  His Final
Payment Work Sheet indicates that he was not receiving a monthly supplement
as a result of being awarded the EIB.

3.  There is no evidence in the available records that indicates he served
in an infantryman or in an infantry military occupational specialty;
therefore, the EIB was properly omitted from his WD AGO Form 53-55.

4.  In order to justify correction of a military record the applicant must
show 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.

5.  In view of the foregoing, there is no basis for granting the
applicant's request.

6.  Records show the applicant should have discovered the error or
injustice now under consideration on 30 December 1946, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WP ___  ___PS __  ___JP___  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.




                                  _____ William Powers________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060010816                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070313                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  158                 |107.0112/EXPERT INFANTRYMAN BADGE       |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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