RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2007
      DOCKET NUMBER:  AR20070001706


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Ms. Rea M. Nuppenau               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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 he be awarded the Expert
Infantryman Badge and Master Driver Badge.

2.  The applicant states, in effect, he was denied the EIB because the tour
he completed in 1972 was less than honorable, which was ultimately changed
by the Army Discharge Review Board (ADRB), and the Master Driver notation
should have been made to his record before his release from active duty in
1994.  He states that it came to his attention that he should have been
awarded the EIB upon completion of his infantry training in 1972.  He
further states he needs the Master Driver notation on his 1994 separation
document (DD Form 214) based on the fact he taught and certified all
Reserve personnel for vehicles in depot when he was serving in Germany in
1994.

3.  The applicant provides DD Forms 214, dated 9 May 1994 and 19 September
1993, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 9 May 1994, the date of his final separation from active
duty.  The application submitted in this case is dated 23 January 2007.

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 submitted an application that included a request that his
record and separation documents be corrected by adding all awards to which
he was entitled on 13 October 1994.  He also submitted an application in
May 2001 requesting award of the Armed Forces Reserve Medal and Armed
Forces Service Medal.  Finally, he submitted an application on 1 December
2005, requesting to be awarded the Combat Action Badge and Iraq Campaign
Medal.

4.  Incorporated herein by reference are military records which were
summarized in the previous considerations of the applicant's awards
requests by the ABCMR in Docket Number AR20050018262 on 18 July 2006,
Docket Number AR2001056676 on 6 September 2001 and in Docket Number AC96-
09479 on
30 October 1996.

5.  The applicant's record shows he initially entered active duty on 14
August 1972 and was separated on 19 September 1973 with a general, under
honorable conditions discharge (GD).  He enlisted in the United States Army
Reserve (USAR) on 15 June 1982, and served until he was called to active
duty on
31 January 1991 in support of Operation Desert Shield and Desert Storm.  He
served on active duty for 1 month and 21 days, of which 1 month and 17 days
was foreign service in Southwest Asia.  On 21 March 1991, he was released
from active duty and returned to the USAR.  He again entered active duty on
9 May 1994, served in Germany for 4 months and 2 days, and was released
from active duty on 20 September 2004.

6.  The applicant's record and the separation documents he was issued, as
amended by actions by this Board, show he received the following awards
during his military service:  Army Commendation Medal; Army Achievement
Medal; National Defense Service Medal (2nd Award); Army Service Ribbon;
Armed Forces Reserve Medal with "M" Device with bronze hourglass; Army
Reserve Components Overseas Training Ribbon; Southwest Asia Service Medal
with
1 bronze service star; Kuwait Liberation Medal-Saudi Arabia & Kuwait; and
Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.  The
EIB and Driver's Badge were not included in the list of awards contained on
any of the DD forms 214 he was issued, which he authenticated with his
signature on the dates of separation.

7.  The applicant's Enlisted Qualification Record (DA Form 20) covering his
service between 14 August 1972 and 19 September 1973 shows, in Item 27
(Military Education) that he completed the military occupational specialty
(MOS) 11B (Light Weapons Infantryman) course at Fort Carson, Colorado, in
1972.  Item 41 (Awards and Decorations) does not include the EIB in the
list of awards entered.  The applicant last audited the DA Form 20 on 19
April 1973.

8.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents showing that the applicant ever completed EIB
certification or that he was awarded the EIB or a Driver's Badge by proper
authority at anytime during his military service.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 8 contains
policies and procedures pertaining to the award of combat and special
skills badges.

10.  Paragraph 8-9 contains guidance on the EIB.  It states, in pertinent
part, that in order to be awarded the EIB, members must meet all
prerequisites and proficiency tests prescribed by United States Army
Infantry Center.  The authority to test and award the badge are as follows:
 (a) Division commanders; (b) Commanders of separate infantry brigades and
regiments; (c) Commanders of divisional brigades when authority is
delegated to them by their division commanders; (d) Separate infantry
battalion commanders when authority is delegated to them by the commander
exercising general court-martial authority over the battalion; (e)
Commanders of U.S. Army Training Centers; (f) Commandant, U.S. Army
Infantry School; (g) Commanders of Special Forces Groups; (h) Commanders of
separate Special Forces battalions when authority is delegated to them by
the commander exercising general court-martial authority over their units;
(2) Commanders of Reserve Component combat and training divisions and
brigade size units are authorized to administer EIB tests and award the
badge to qualified personnel in the command.  The regulation does not now
nor ever has provided for the automatic award of the EIB based on
completion of an infantry advanced individual training course.

11.  Paragraph 8-31 of the awards regulation contains guidance on the
Driver and Mechanic Badge, which is awarded to drivers, mechanics, and
special equipment operators to denote the attainment of a high degree of
skill in the operation and maintenance of motor vehicles.  It states, in
pertinent part, that commanders of brigades, regiments, separate battalions
and any commander in the rank of lieutenant colonel or higher may approve
award of the Driver and Mechanic Badge.  The eligibility requirements for
drivers requires that a Soldier must qualify for and possess a United
States Government Motor Vehicles Operator's Identification Card; be
assigned duties and responsibilities as a driver or assistant driver of
government vehicles for a minimum of 12 consecutive months, or during at
least 8,000 miles with no government motor vehicle accident or traffic
violation; perform satisfactorily for a minimum period of 1 year as an
active qualified driver instructor or motor vehicle driver examiner.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the EIB and Master
Driver Badge was carefully considered.  However, there is insufficient
evidence to support his claim.

2.  By regulation, in order to be awarded the EIB, a member must have met
all prerequisites and proficiency tests prescribed by United States Army
Infantry Center, as administered by and approved by proper authority.  The
applicant's MPRJ is void of any orders or other documents that indicate he
ever completed the testing requirements for the EIB, or that he was ever
awarded the EIB by proper authority.  The governing regulation provides no
provisions for the automatic award of the EIB based on completing of an
infantry AIT course, as the applicant asserts.  Therefore, there is an
insufficient evidentiary basis to support award of the EIB in this case.

3.  By regulation, in order to support award of the Driver's Badge, there
must be evidence that confirms the member meets the eligibility
requirements.  Award of the Driver's Badge based on being an instructor
requires evidence that the member completed a minimum period of 1 year as
an active qualified driver instructor or motor vehicle driver examiner.
Given the total period of active duty completed by the applicant in 1994
was less than 1 year, even had he performed as a qualified instructor
during his service in Germany, he did not complete the minimum 1 year
requirement in that position.  Further, there is no evidence that he was
ever recommended for or awarded a Driver's Badge by proper authority while
serving on active duty, or at anytime during his military service tenure.
As a result, there is also an insufficient evidentiary basis to support
granting this portion of the required relief.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 September 1994, the date of his
release from active duty for the period in question.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 September 1994.  He failed to request the specific
awards in question 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

___JCR _  __RMN __  __DJP __  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.




                                  _____Jeffrey C. Redmann___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001706                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/09                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1994/09/20                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Comp of Req Svc                         |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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